401 results for 'court:"USDC Eastern District of Pennsylvania"'.
J. Sánchez grants Philadelphia’s motion to preclude a “2021 Philadelphia Police Advisory Policy, Practice, and Custom Report” that documents the department’s process for civilian complaints against police; this case stems from the suing civilian’s wrongfully conviction for murder, for which he was put on death row for 25 years. He did not explain if the report discusses similar conduct to the kind that took place during his own arrest.
Court: USDC Eastern District of Pennsylvania, Judge: Sanchez, Filed On: April 12, 2024, Case #: 2:18cv2689, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Evidence
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J. Slomsky denies a spa’s motion for summary judgment on a licensed massage therapist’s claim that she was fired in retaliation for requesting a cart she could lean on during massages as an accommodation for her injured ankle — and not, as the spa claimed, for getting into a verbal altercation with another spa employee, who she was romantically linked to and who brandished a firearm and threatened her life at work. The therapist has presented a genuine issue of material fact as to whether the spa’s reason for terminating her was pretextual.
Court: USDC Eastern District of Pennsylvania, Judge: Slomsky, Filed On: April 8, 2024, Case #: 2:22cv3212, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Marston grants in part the city of Reading’s motion for summary judgment against the city’s former human resources director’s retaliation claims against the mayor, Eddie Moran, and his former special assistant, who she says sexually harassed her. The city has shown that it fired the director as the result of an outside investigation over numerous allegations of misconduct, not because of her protected activity reporting the harassment.
Court: USDC Eastern District of Pennsylvania, Judge: Marston, Filed On: April 5, 2024, Case #: 5:23cv1224, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Schmehl denies in part a foam insulation company’s motion to dismiss a pipe company’s intellectual property complaint arising from a botched product development agreement and potential acquisition between parties whose relationship eventually soured. The pipe company’s expert report contains potentially problematic accounting practices at the insulation company that create genuine disputes of material fact for trial.
Court: USDC Eastern District of Pennsylvania, Judge: Schmehl, Filed On: April 4, 2024, Case #: 5:21cv5077, NOS: Other Contract - Contract, Categories: Evidence, Property, Contract
J. McHugh grants the federal government’s motion to dismiss an argument by Safehouse, a proposed nonprofit safe injection center for those struggling with opioid addition, that the federal government would be violating the organization’s First Amendment right to free exercise of religion if it criminally prosecuted them for drug crimes after opening the center. While Safehouse argued that it is informed by classic Judeo-Christian beliefs about the need to “preserve life, provide shelter to our neighbors, and do everything possible to care for the sick,” the court found no evidence that the organization is a religious entity in its articles of incorporation.
Court: USDC Eastern District of Pennsylvania, Judge: McHugh, Filed On: April 3, 2024, Case #: 2:19cv519, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Government, First Amendment
J. Perez grants a bank’s motion to dismiss a Black pro se litigant’s case alleging that the bank engaged in racial discrimination, profiling, and defamation. The litigant failed to present evidence to support any of his claims.
Court: USDC Eastern District of Pennsylvania, Judge: Perez, Filed On: March 29, 2024, Case #: 2:22cv5084, NOS: Other Contract - Contract, Categories: Civil Rights, Defamation, Banking / Lending
J. Murphy grants the school district’s motion for summary judgment against a Black employee’s race discrimination, hostile work environment and retaliation claims. The record lacks direct evidence of discrimination because the employee’s white coworkers were subjected to the same, sometimes difficult, work environment.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: March 27, 2024, Case #: 2:22cv4596, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Schmehl grants in part a tenured associate professor’s partial motion for summary judgment against Kutztown University in this case in which she alleges they improperly denied her request for a remote work accommodation in the fall of 2021 and in the semesters after. While the university’s desire to reopen in 2021 with strictly in-person instruction is understandable, its refusal to consider the professor’s incurable eye disease that puts her at a higher risk of contracting Covid-19 and enforce a blanket no-exceptions policy violated federal disability law.
Court: USDC Eastern District of Pennsylvania, Judge: Schmehl, Filed On: March 27, 2024, Case #: 5:22cv1034, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation