Successes
Philadelphia and Princeton Offices Combine for an Appellate Win
Michael Brophy of Philadelphia and an associate in our Princeton, New Jersey office combined for a successful defense of a federal Civil Rights matter, and received a judgment in their client's favor from the United States Third Circuit Court of Appeals on April 12, 2010. In the matter of K.R. v. School District of Philadelphia and Pennsylvania MENTOR, the Plaintiff parents filed an action against multiple defendants asserting claims under the Individuals with Disabilities and Education Act, Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, 42 U.S.C. Section 1983 and various state law claims. Rule 12(b)(6) motions filed on behalf of Pennsylvania MENTOR by Goldberg Segalla were granted in the United States District Court for the Eastern District of Pennsylvania. The case ultimately proceeded through discovery and trial, resulting in a verdict for the defendant School District of Philadelphia. On appeal, the Plaintiffs challenged numerous District Court evidentiary rulings, including dismissal of the claim against Pennsylvania MENTOR. Our team submitted a brief to the Third Circuit which relied extensively on the recent United States Supreme Court decision in Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009). In an Opinion issued April 12, 2010, a panel of the United States Third Circuit Court of Appeals affirmed the District Court judgment in all respects, thus providing Pennsylvania MENTOR with victories at both federal trial and appellate court level.
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