Patricia A. Fecile-Moreland and Michael J. Joyce of MOODK’s Philadelphia office obtain early voluntary dismissal of discrimination claims under the Americans with Disabilities Act following the honorable discharge of a police officer due to PTSD, which was determined at arbitration to be non-service related. Plaintiff sought damages for the denial of the service-related pension, because he claimed the PTSD was a service injury and that the denial was discriminatory. The EEOC made a probable cause determination in plaintiff’s favor, but MOODK’s client did not want to conciliate the case. The plaintiff filed suit in the Eastern District of Pennsylvania. Through early and aggressive brief writing in support of a motion to dismiss, the attorneys argued that the case must be dismissed for plaintiff’s failure to timely exhaust his administrative remedies with the EEOC and for improperly pleading a claim for an ERISA violation. Upon the filing of the briefs, the plaintiff’s attorney agreed to dismiss the claims with prejudice prior to the filing on an Answer to the Complaint, the exchange of formal discovery between the parties, and the incurrence of significant defense costs on behalf of the client.