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Pennsylvania Age Discrimination Law
United States of America v. Mercy Suburban Hospital

Philadelphia, PA - Settlement Reached With Montgomery County Hospital Over Alleged Violations Of Americans With Disabilities Act

The United States has reached a settlement with Mercy Suburban Hospital (Mercy), in East Norriton, PA, to resolve alleged violations of title III of the Americans with Disabilities Act (ADA) for refusal to treat an HIV-positive patient at one of its faciliti... More...
   $0 (10-05-2015 - PA)

Reynaldo Reyes v. Netdeposit

Reyes alleges that the defendants conspired to conduct a fraudulent scheme whereby certain telemarketing firms would contact unsuspecting individuals and offer them something of little or no value. Reyes alleges that, during unsolicited phone calls with unsuspecting consumers, the telemarketers would obtain bank account information which was used to make unauthorized debits from the the co... More...
   $0 (09-05-2015 - PA)


Michelle Jones was fired in 2011 by her employer, the Southeastern Pennsylvania Transportation Authority (SEPTA). SEPTA says it dismissed Jones for submitting fraudulent timesheets; Jones says her termination was the
culmination of years of unlawful sexual harassment, gender discrimination, and retaliation. The District Court entered judgment for SEPTA, Jones v. SEPTA, 2014 WL 3887747... More...
   $0 (08-15-2015 - PA)

Jane Doe v. Southwestern Pennsylvania Transportation Authority

In this appeal, we consider whether a suspension with
pay constitutes an adverse employment action under the
substantive discrimination provision of Title VII. We hold
that it typically does not.
Jane Doe was fired in 2011 by her employer, the
Southeastern Pennsylvania Transportation Authority
(SEPTA). SEPTA says it dismissed Ms. Doe for submitting
fraudulent ti... More...
   $0 (08-12-2015 - PA)

Jeffrey Bonkowski v. Oberg Industries, Inc.

Plaintiff Jeffrey Bonkowski appeals from the order of the United States District Court for the Western District of Pennsylvania granting the summary judgment motion filed by Defendant Oberg Industries, Inc. (“Oberg”) with respect to his claims under the Family and Medical Leave Act (“FMLA”). In this appeal, the Court must interpret a Department of Labor (“DOL”) regulation—which state... More...   $0 (05-22-2015 - PA)

Kayunta Johnson-Winters v. Redner's Market, Inc.

Kayunta Johnson-Winters, as succession representative of appellant Sammy Perry, contends that the District Court erred in granting summary judgment to appellee Redner’s Markets, Inc., with regard to Perry’s employment discrimination claims under Title VII and the Pennsylvania Human Relations Act (PHRA).1 Perry, an African-American man, worked at a Redner’s Markets grocery store in Lansdale, ... More...   $0 (04-22-2015 - PA)

United States of America v. Dentex Dental Mobile, Inc.

PHILADELPHIA, PA – Dentex Dental Mobile, Inc. (“DDMI”), a Pennsylvania corporation located in Huntington Valley, has reached a settlement with the United States to resolve allegations that it refused to treat an HIV-positive patient in violation of the Americans with Disabilities Act (“ADA”).

As part of its business, DDMI owns and operates several dental clinics, both fixed and ... More...
   $0 (02-19-2015 - PA)

Anthony Hildebrand v. Allegheny County

This appeal presents three issues on which we have not previously ruled in a precedential opinion. First, whether an employee terminated from a local government position may maintain an action for age discrimination under 42 U.S.C. § 1983. Second, whether the pleading of exhaustion of administrative remedies, a prerequisite to bringing a lawsuit under the Age Discrimination in Employment Act (“... More...   $0 (06-27-2014 - PA)

Ronald Ross v. Kevin Gilhuly; Continental Tire of Americas, LLC

Ronald Ross appeals a grant of summary judgment by the United States District Court for the Eastern District of Pennsylvania to Continental Tire of Americas LLC (“Continental”) and Kevin Gilhuly in this Family and Medical Leave Act (“FMLA”) action. 29 U.S.C. §2601 et seq. Because Ross received all to which he was entitled under the FMLA, and suffered no adverse employment consequences for... More...   $0 (06-17-2014 - PA)

M.R.; J.R., Parents of Minor Child E.R.

The ―stay-put‖ provision of the Individuals with Disabilities Education Act (―IDEA‖) states that a disabled child shall remain in his or her current educational setting


during the pendency of proceedings to resolve a dispute over the child‘s placement. See 20 U.S.C. § 1415(j). This case requires us to decide two issues of first impression in this Circuit concerning the o... More...
   $0 (02-20-2014 - PA)

Robert A. Mariotti, Sr. v. Mariotti Building Products, Inc.

In Clackamas Gastroenterology Associates, P.C. v. Wells, 538 U.S. 440 (2003), the Supreme Court set out a test for determining whether a shareholder-director of a professional corporation is an “employee” for purposes of the Americans with Disabilities Act (ADA). Id. at 449-50. This appeal allows us to consider whether that test applies to business entities that are not professional corporatio... More...   $0 (04-30-2013 - PA)

Jeffrey A. Wiest v. Thomas Lynch

Appellant Jeffrey Wiest brought an action under the whistleblower protection provisions set forth in Section 806 of the Sarbanes-Oxley Act (“SOX”), 18 U.S.C. § 1514A, and under Pennsylvania law against Appellees Tyco Electronics Corporation and several officers and directors of Tyco Electronics (collectively, “Tyco”). The District Court granted Tyco‟s Motion to Dismiss the federal whist... More...   $0 (03-19-2013 - PA)

K.A. v. Pcono Mountain School District

K.A. was a fifth-grade student at the Barrett Elementary Center of the Pocono Mountain School District (the ―School District‖), who was prohibited from distributing invitations to her classmates to a Christmas party at her church. Her father filed suit on K.A.‘s behalf, alleging that the School District had violated her First and Fourteenth Amendment rights. The District Court, applying the ... More...   $0 (03-12-2013 - PA)

Mary Burton v. Teleflex, Inc.

Appellant Mary Burton (“Burton”) alleges that her employer, Teleflex Inc. (“Teleflex”),1 terminated her employment in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e et seq. Burton also alleges various state law discrimination, contract, and tort claims against Teleflex. Te... More...   $0 (02-21-2013 - PA)

Patrick S. Connelly v. The Steel Valley School District

The question presented by this appeal is whether a Pennsylvania public school district violates the Constitution when it sets teacher salaries based, in part, on prior in-state teaching experience. We hold it does not.


In September 2006, the Steel Valley School District hired Patrick Connelly as a sixth grade teacher. Steel Valley pays its teachers pursuant to a salary scale based ... More...
   $0 (01-24-2013 - PA)

PG Publishing Company v. Carol Aichele

The instant case calls upon us to decide whether a state statute restricting access to a polling place infringes on the media‟s First Amendment right to gather news. Appellant PG Publishing Company (“Appellant” or “PG”) seeks review of the District Court‟s decision to dismiss its suit against election officials for the Commonwealth of Pennsylvania. Specifically, Appellant alleges viola... More...   $0 (01-16-2013 - PA)

Franklin Benjamin v. Department of Public Welfare of the Commonwealth of Pennsylvania

Plaintiffs-Appellees are individuals with “mental retardation” who reside in intermediate care facilities operated by Defendants-Appellees Department of Public Welfare of the Commonwealth of Pennsylvania and the Secretary of Public Welfare of the Commonwealth of Pennsylvania. By and through their respective next friends, they brought this current class action in the United States District Cour... More...   $0 (12-21-2012 - PA)

Jamie Lichtenstein v. University of Pittsburgh Medical Center

Appellant Jamie Lichtenstein alleges that her employer, University of Pittsburgh Medical Center (UPMC),1 terminated her employment in violation of the Family Medical Leave Act of 1993 (FMLA), 29 U.S.C. § 2601 et seq. The District Court granted summary judgment to UPMC on Lichtenstein‘s retaliation and interference claims. Lichtenstein‘s challenge to the District Court‘s decision requires us... More...   $0 (08-03-2012 - PA)

Fizzano Brothers Concrete Products, Inc. v. XLN, Inc.

At issue in this appeal is a question of corporate successor liability under the de facto merger doctrine or exception. The trial court concluded that XLNT Software Solutions, Inc. (“XLNT”) was liable for a judgment owed by XLN, Inc. (“XLN”), pursuant to this exception. XLNT and XLN lacked common shareholders and higher management; however, the corporations each employed the same two key e... More...   $0 (03-26-2012 - PA)

Michael Marcavage v. National Park Service

Michael Marcavage brought an action under 42 U.S.C. § 1983 against the National Park Service, the United States Department of the Interior, and Park Service Rangers Alan Saperstein and Ian Crane, alleging violations of his rights under the First Amendment, the Fourth Amendment, and the Equal Protection Clause. The District Court granted the defendants’ motion to dismiss, and we will affirm.
... More...
   $0 (02-02-2012 - PA)

EEOC v. Matrix, LLC

Matrix, L.L.C., one of the region’s largest cleaning companies, will pay $450,000 to a class of 15 former employees and provide significant relief to settle a race discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

In the lawsuit, the EEOC alleged that Matrix officials told white supervisor Barbara Palermi... More...
   $450000 (01-12-2012 - PA)

NAACP v. North Hudson Regional Fire and Rescue

This appeal arises under Title VII of the Civil Rights Act of 1964, as amended in 1991. At issue is the legality of a residency requirement for firefighter candidates imposed by North Hudson Regional Fire and Rescue (North Hudson), a fire department comprising five New Jersey municipalities.

The United States District Court for the District of New Jersey held the residency requirement in... More...
   $0 (12-13-2011 - PA)

Elizabeth Liggon-Redding v. Estate of Robert Sugarman

This appeal presents two questions: first, whether Pennsylvania Rule of Civil Procedure 1042.3, requiring the filing of a Certificate of Merit in malpractice cases, is substantive law that federal courts must apply under Erie v. Tompkins, 304 U.S. 64 (1938); and second, if the rule is substantive state law, did the Appellant comply? We answer both questions in the affirmative and will, as a result... More...   $0 (10-04-2011 - PA)

Michael McKenna v. City of Philadelphia

In Staub v. Proctor Hosp., 131 S. Ct. 1186, 1189 (2011), the Supreme Court addressed “the circumstances under which an employer may be held liable for employment discrimination based on the discriminatory animus of an employee who influenced, but did not make, the ultimate employment decision.” Today we consider, in light of Staub, whether the City of Philadelphia, the employer at issue, has d... More...   $0 (08-17-2011 - PA)

Alexander Alli v. Thomas Decker

Appellants in this case seek to represent a putative class of aliens who are detained, pursuant to 8 U.S.C. § 1226(c), pending their removal proceedings. The class complaint, filed in the United States District Court for the Middle District of Pennsylvania, sought a declaratory judgment that the continued detention of the class members, without bond hearings, violates the Immigration and National... More...   $0 (06-21-2011 - PA)

James D. Meyer v. CUNA Mutual Insurance Society

Appellee and Cross-Appellant James Meyer (“Plaintiff” or “Meyer”), a Union Railroad employee for approximately 31 years, purchased a credit disability insurance policy from Appellant CUNA Mutual Group (“CUNA”) in connection with the financing by the URE Federal Credit Union (the “credit union”) of an automobile Meyer purchased. The policy would make the car loan payment on Meyer‟... More...   $0 (05-26-2011 - PA)

Disabled In Action of Pennsylvania v. Southeastern Pennsylvania Transportation Authority ("SEPTA")

Disabled in Action of Pennsylvania (“DIA”) has filed suit claiming that the Southeastern Pennsylvania Transportation Authority (“SEPTA”)’s failure to make certain portions of its facilities accessible to individuals with disabilities after undertaking construction work at those facilities violated the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq. (“ADA”), and the Reh... More...   $0 (02-16-2011 - PA)

Gloria Santiago v. Warminster Township

Gloria Santiago appeals from an order of the United States District Court for the Eastern District of Pennsylvania dismissing her claims under 42 U.S.C. § 1983 against Warminster Township (“Warminster” or the “Township”) and three of its senior police officers, including the police chief. Santiago claims that she suffered a heart attack after being subjected to excessive force during a ra... More...   $0 (12-14-2010 - PA)

Emmanuel Noel v. The Boeing Company

Emmanuel Noel appeals from the District Court’s grant of summary judgment in The Boeing Company’s favor on his employment discrimination claim brought under Title VII of the Civil Rights Act of 1964. On appeal Noel argues that the Unless otherwise 1 noted, the following facts are derived from the District Court’s factual findings. recently enacted Lilly Ledbetter Fair Pay Act of 2009 renders... More...   $0 (10-01-2010 - PA)

Brian D. Kelly v. Borough of Carlisle

Brian Kelly appeals the District Court’s summary judgment in favor of police officer David Rogers and the Borough of Carlisle. Kelly filed a civil rights action, claiming that his First and Fourth Amendment rights were violated when he was arrested for filming Officer Rogers during a traffic stop.

The gravamen of Kelly’s appeal—that the District Court erred when it held that Officer R... More...
   $0 (10-04-2010 - PA)

Equal Employment Opportunity Commission v. The GEO Group, Inc.

The Equal Employment Opportunity Commission (“EEOC”) appeals from the decision of the District Court granting the summary judgment motion of defendant, the GEO Group, Inc. (“GEO”). GEO is a private company that was contracted to run the George W. Hill Correctional Facility (the “Hill Facility”), which is the prison for Delaware County, Pennsylvania. The EEOC filed its complaint pursuan... More...   $0 (08-03-2010 - PA)

Melrose, Inc. v. City of Pittsburgh

Melrose, Inc. (“Melrose”) brought this action challenging the Pittsburgh Zoning Board’s rejection of its applications to change the Identification Signs on five Pittsburgh buildings. The proposed building names included “wehirenurses.com building” and “palegalhelp.com.” The Zoning Board determined that the signs were Advertising Signs and were therefore prohibited in the zoning distr... More...   $0 (07-20-2010 - PA)

Joseph Elassaad v. Indepnedence Air, Inc.; Delta Air Lines, Inc.

Joseph Elassaad appeals from an order granting summary judgment in favor of Independence Air, Inc., with respect to his negligence claim for injuries sustained when he fell while disembarking from an airplane at the Philadelphia International Airport. His appeal requires us to consider the extent to which the Federal Aviation Act (“Aviation Act”), 49 U.S.C. § 40101 et seq., preempts state law... More...   $0 (05-12-2010 - PA)

Ms. Rachael Schaar v. Lehigh Valley Health Services, Inc.

Rachael Schaar appeals the District Court’s summary judgment in favor of her former employer, Lehigh Valley Physicians Business Services, Inc. (Lehigh Valley). The District Court held that Schaar did not qualify for leave under the Family and Medical Leave Act (FMLA) because she did not present evidence of a serious health condition. This appeal raises a question of first impression in this Cour... More...   $0 (03-11-2010 - PA)

Paul D. Turner v. The Saloon, Ltd.

Paul Turner worked as a waiter for The Saloon, Ltd. (“The Saloon”), a Chicago steakhouse, and claims he was the victim of several forms of employment discrimination. Turner had a months-long sexual relationship with his supervisor and claims that when he ended it, she persistently sexually harassed him. He also claims The Saloon discriminated against him on the basis of a disability; he suffer... More...   $0 (02-08-2010 - PA)

Eric Gregg, v. National League of Professional Baseball Clubs

Appellant, Eric Gregg, appeals from an order of the District Court which
granted summary judgment in favor of the National League of Professional Baseball Clubs,
Leonard S. Coleman, and Major League Baseball Commissioner’s Office. Appellant
alleges as error the issue listed in paragraph I, taken verbatim from his brief. Because we
conclude that the District Court did not err, we ... More...
   $0 (03-13-2002 - Pa)

Tanya Nicole Kach v. Thomas Hose

This case arises from a highly unusual and extremely disturbing set of circumstances. In September 1995, Tanya Nicole Kach was a fourteen-year-old student when she befriended, and later became intimate with, Thomas Hose, a security guard at her middle school. Several months later, Kach ran away from home and spent the next approximately ten years living clandestinely with Hose. In March 2006, when... More...   $0 (01-01-2010 - pa)

Louis R. Vallies v. Sky Bank

In this putative class action, the sole issue presented by this appeal is whether a plaintiff must prove detrimental reliance in order to recover actual damages sustained because of a disclosure violation under § 1640(a)1 of the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601–67. The District Court, following persuasive authority from our sister courts of appeals, concluded that detrimen... More...   $0 (01-01-2010 - PA)

Thomas A. Smith v. City of Allentown

Thomas Smith appeals an order of the United States District Court for the Eastern District of Pennsylvania granting summary judgment in favor of the City of Allentown and its Mayor, Ed Pawlowski, on Smith’s claims for discrimination based upon his age and political affiliation. For the reasons that follow, we will affirm.

I. Background

A. Facts Underlying Smith’s Claims
<... More...
   $0 (12-22-2009 - PA)

Eugene Cobbs v. Septa, David Abell, John Bleiler, and Susan Flower-Griffin

¶ 1 Eugene Cobbs (“Cobbs”) appeals from the order of court entered granting the motion for judgment on the pleadings filed by the Southeastern Pennsylvania Transportation Authority (“SEPTA”), David Abell, John Bleiler, and Susan Flower-Griffin (collectively, “Appellees”). Finding no error by the trial court, we affirm.

¶ 2 The trial court aptly summarized the factual and rathe... More...
   $0 (11-18-2009 - PA)

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