• Smith v. SpiriTrust Lutheran

    Publication Date: 2021-04-05
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Kane
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0372

    Defendants moved to dismiss plaintiff's action asserting workplace discrimination pursuant to §1981, §1985, title VII and the Americans with Disabilities Act and court granted dismissal as to her claims under §1985 and the ADA but found she adequately alleged her claims under §1981 and title VII as well as joint employer liability. Motions granted in part affirmed in part.

  • Washington v. City of Philadelphia

    Publication Date: 2021-03-29
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0345

    Defendant police officers moved for summary judgment in plaintiff's action asserting denial of adequate medical care after he was injured while being arrested and court found undisputed facts showed plaintiff's injuries were so obvious that a lay person easily recognized the need for medical treatment, there was a genuine issue of material fact as to whether officers' delay of almost an hour in taking him for medical treatment constituted deliberate indifference and officers were not entitled to qualified immunity. Motion denied.

  • Simonetta v. Allegheny Coll.

    Publication Date: 2021-03-29
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0342

    Defendants moved to dismiss plaintiff's Title IX and state tort law claims alleging she was subjected to gender-based abuse, harassment and discrimination while a student and member of college football team and court found her allegations fell short of the type of severe and pervasive harassment contemplated by Title IX, she sufficiently pled a retaliation claim and her state law tort claims were barred by the gist of the action doctrine. Motion granted in part and denied in part.

  • HIRA Educ. Servs. N. Am. v. Augustine

    Publication Date: 2021-03-29
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0337

    Legislators were entitled to absolute legislative immunity and qualified immunity for opposing sale of public property to religious entity. Order of the district court reversed, case remanded.

  • Doe v. Moravian Coll.

    Publication Date: 2021-03-22
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0302

    Student's allegation that university failed to discipline fellow students who allegedly committed and filmed sexual assault was sufficient to support claim of Title IX violation and intentional infliction of emotional distress. Defendant's motion to dismiss denied in part and granted in part.

  • McGuire v. City of Pittsburgh

    Publication Date: 2021-03-22
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0312

    Trial court properly found in city's favor and concluded homeowner police officer had not acted within the scope of his duties when he struck appellant, who had been vandalizing his home, because city was not collaterally estopped from asserting homeowner acted beyond the scope of his employment and appellant's challenges to admission of trial testimony and to jury charges failed.

  • Weiss v. The Pennsylvania Hosp. of the Univ. of Pennsylvania

    Publication Date: 2021-03-22
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Jones, II
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0315

    Defendants moved for summary judgment in plaintiff's Americans with Disabilities Act and Pennsylvania Human Relations Act failure to accommodate and retaliation action and court found plaintiff established disputes of material fact as to her discrimination and punitive damage claims but her retaliation claim was only based on a failure to accommodate theory. Motion granted in part and denied in part.

  • Gibbs v. City of Pittsburgh

    Publication Date: 2021-03-15
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Bibas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0272

    Appellant's allegation that psychological examiners exhibited discriminatory bias on account of appellant's ADHD diagnosis was sufficient to state a prima facie claim. Order of the district court reversed, case remanded.

  • Laskaris v. Hice

    Publication Date: 2021-03-08
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0254

    Trial court properly dismissed appellant's §1983 action against correctional facility employees over an allegedly false misconduct charge on statute of limitations grounds because appellant knew he was harmed when the misconduct was filed and his grievance appeals did not toll the statute of limitations for his §1983 action. Affirmed.

  • Seiple v. Two Farms, LLC

    Publication Date: 2021-03-01
    Practice Area: Civil Rights
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0224

    Defendant employer moved to dismiss plaintiff's Americans with Disabilities Act claims for failure to exhaust administrative remedies, after she was terminated for missing work due to complications of a high risk pregnancy, and court found plaintiff's recitation was sufficient to put EEOC on notice of her potential disability claim despite her failure to check the box marked disability on the EEOC charge. Affirmed.