Civil Rights
Block on Trump's Asylum Ban Upheld by Supreme Court
In an employment discrimination case under the Rehabilitation Act, the district court's dismissal of plaintiff's complaint is vacated and remanded where: 1) a 4 year limitation applies to plaintiff's failure-to-transfer claim, and not the general 2 year statute of limitations the district court applied in barring the complaint; 2) plaintiff's complaint need only allege sufficient facts to state a plausible failure-to-transfer claim; 3) plaintiff need only plead that she is an individual with a disability and the district court improperly focused on whether she could prove she was disabled; but 4) the district court did not abuse its discretion in denying an untimely motion for a class action determination.
Read Fowler v. UPMC Shadyside, No. 07-4285
Appellate Information
On Appeal from the District Court for the Western District of Pennsylvania (No. 07-cv-00807)
District Judge: Honorable Arthur J. Schwab
Argued May 20, 2009
Opinion Filed August 18, 2009
Judges
Before: Fuentes, Jordan and Nygaard, Circuit Judges
Opinion by Circuit Judge Nygarrd
Counsel
Counsel for Appellant: Gregory G. Paul, Esq.
Counsel for Appellees: Pamela G. Cochenour, Esq., Pietragallo, Gordon, Alfano, Bosick, and Raspanti.
Sign into your Legal Forms and Services account to manage your estate planning documents.
Sign InCreate an account allows to take advantage of these benefits: