134 results for 'court:"USDC Middle District of Pennsylvania"'.
J. Mariani denies two state troopers and a state police department’s motion to dismiss ADA and discrimination claims by the father of a 36-year-old with mental health issues who police fatally shot after they were called to the son’s house for a welfare check. The police failed to attempt to deescalate the situation, as they had during previous welfare checks, and the father plausibly argued the police troopers were not properly trained to respond to the call.
Court: USDC Middle District of Pennsylvania, Judge: Mariani, Filed On: May 15, 2024, Case #: 3:23cv1632, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Wrongful Death, Police Misconduct
J. Brann denies an asphalt company’s motion to dismiss a township’s claims alleging the asphalt company failed to meet the terms of a road repair contract. The identified deficiencies allegedly caused the road’s failure. Brann grants an insurance company’s motion to dismiss the township’s demand for punitive damages since no breach of societal duty has been alleged.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: May 14, 2024, Case #: 4:24cv280, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Mannion grants New York Magazine’s motion to dismiss an expert witness’s claims of false light and invasion of privacy concerning an article stating he was a “fraud.” The expert, who hangs his hat as a criminal profiler, says the magazine omitted several critical facts, but he identified no falsehoods and has not shown the reporter acted with actual malice.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: May 14, 2024, Case #: 3:23cv2166, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, First Amendment
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J. Conner denies a medical center’s motion to dismiss an employee’s FMLA and ADA claims. The employee adequately alleged that she was forced to use continuous leave following an injury, rather than be provided light duty work, and that her employment and benefits were adversely affected after she exercised her FMLA rights.
Court: USDC Middle District of Pennsylvania, Judge: Conner, Filed On: May 8, 2024, Case #: 1:23cv1696, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Ada / Rehabilitation Act, Employment
J. Mehalchick denies a nursing home’s motion for summary judgment concerning a former employee’s Fair Labor Standards Act claim alleging a failure to pay overtime compensation. There is a question of material fact as to whether the former employee’s primary duty was managerial and thus exempt from overtime compensation. The former employee’s motion for partial summary judgement for liquidated damages was also denied since the decision would be merely advisory.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: May 1, 2024, Case #: 3:22cv828, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, Employment, Erisa
J. Mehalchick denies a borough’s motion to dismiss an age and disability discrimination claim brought by a former police officer who says he was forced to retire. The former police officer’s allegations were plausible because he was over 40, qualified for his job, hearing-impaired and replaced by a younger employee.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: April 30, 2024, Case #: 3:23cv912, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Bloom approves a state commission’s motion to dismiss employment discrimination claim by a former employee who alleged he was harassed and fired due to a disability that made him fall asleep on the job. Because the former employee took no action for more than two years after initiating the case, he did not make a good faith effort to serve notice, as required.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: April 25, 2024, Case #: 1:23cv1820, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Bloom refuses to dismiss a disability discrimination claim filed by a former employee against her technical school, which allegedly gave her incorrect benefits information, and denied a request to rescind her retirement. It is undisputed that the former employee was disabled but possessed the necessary skills to perform her job with some accommodations.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: April 8, 2024, Case #: 1:23cv2039, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination