• Mazur v. Southwestern Veterans Ctr.

    Publication Date: 2018-11-13
    Practice Area: Civil Rights | Employment Litigation
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Conti
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1356

    Plaintiff filed for leave to file a second amended complaint to add a retaliation charge in her action asserting disparate treatment and racial discrimination under Title VII and the court found the proposed second amended complaint failed to allege facts to show her protected activity was the reason for the adverse employment action. Motion denied.

  • Mungia v. City of Philadelphia

    Publication Date: 2018-11-13
    Practice Area: Civil Rights | Personal Injury
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1357

    Township and police officer moved to dismiss plaintiff's failure to train, supervisory liability and theft claims after officers allegedly searched her house and car without a warrant or consent and court found she failed to allege a policy or custom to sustain a Monell claim, asserted no facts to sustain a single violation theory and provided no specific factual allegations as to the officers' directions to their subordinates. Motion granted.

  • Commonwealth v. Washington

    Publication Date: 2018-11-06
    Practice Area: Civil Rights | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1335

    Trial court properly denied appellant's motion to dismiss the charges on double jeopardy grounds after his original conviction was overturned for Brady and Bruton violations because appellant failed to demonstrate that any of the alleged acts of misconduct were intended to deprive him of a fair trial. Affirmed.

  • Keffer v. Reese

    Publication Date: 2018-11-06
    Practice Area: Civil Rights | Evidence
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Lenihan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1332

    Defendants county and drug task force police officer moved to dismiss plaintiff's false arrest, malicious prosecution, fabrication of evidence and failure to train claims and court found the false arrest claim was time barred but plaintiff sufficiently pled plausible facts to sustain the other claims. Motion granted in part and denied in part.

  • Commonwealth v. Lukach

    Publication Date: 2018-10-30
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1291

    Confession and derivative physical evidence were properly suppressed where police continued interrogation after suspect unequivocally invoked right to silence and interrogators coerced suspect into abandoning his rights by claiming suspect would lose opportunity for leniency if he did not cooperate. Order of the superior court affirmed.

  • In the Interest of J.N.W.

    Publication Date: 2018-10-23
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1270

    Suppression court properly applied the facts to the case and suppressed statements minor made to police officers and deputy coroner at the apartment where minor's friend overdosed, at the hospital where she was taken by the police to be checked, at her school and at the police station because the circumstances showed that she never voluntarily waived her Miranda rights. Affirmed.

  • In the Interest of: J.N.W., a minor

    Publication Date: 2018-10-16
    Practice Area: Civil Rights | Family Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1236

    Suppression of statement affirmed where juvenile made her statements in settings that constituted custodial interrogations and where police failed to give Miranda warnings and juvenile never gave a voluntary waiver of such rights. Order of the trial court affirmed.

  • Palardy v. Twp. of Millburn

    Publication Date: 2018-10-15
    Practice Area: Civil Rights | Constitutional Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Siler
    Attorneys: For plaintiff: Dennis A. Durkin (Law Offices of Dennis A. Durkin)
    for defendant: Littie E. Rau (Ruderman Horn & Esmerado)

    Case Number: 17-2597

    Public Employee Union Membership Not Part of Work Duties and Therefore Constitutionally Protected Activity

  • Finefrock v. Five Guys Operations, LLC

    Publication Date: 2018-10-09
    Practice Area: Civil Rights | Employment Litigation
    Industry: Food and Beverage
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Rambo
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1206

    The court granted plaintiffs' motion for conditional collective action certification in their action asserting that female restaurant managers were paid less than male managers in violation of the equal pay act because plaintiffs sufficiently provided a factual showing that defendant could be considered a single establishment under the EPA and showed that plaintiffs at times earned less than their alleged male counterparts. Motion granted.

  • Russell v. Richardson

    Publication Date: 2018-10-09
    Practice Area: Civil Rights | Personal Injury
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Krause
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1201

    District court properly denied marshal's and Superior Court's claims of immunity in action brought by mother of child and child who was shot by marshal when marshal went to bring child before the court because quasi-judicial immunity did not protect marshal from a claim of excessive force. He was not entitled to qualified immunity because child was in his underwear and it was implausible that he was concealing a weapon and plaintiffs met the notice requirements of the Virgin Islands tort claims act. Affirmed.