MOODK PHILADELPHIA ATTORNEYS OBTAIN VOLUNTARY DISMISSAL OF ALL DISCRIMINATION CLAIMS

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.

AGGRESSIVE DEFENSE LEADS TO EARLY DISMISSAL OF WRONGFUL DEATH CLAIM

MOODK New Jersey Attorneys, Melissa J. Brown and Amanda A. King, obtain early voluntary dismissal of wrongful death claims involving a tragic electrocution accident involving a young girl.  Plaintiff sought millions of dollars in damages arising from the loss of their daughter.  Through aggressive early investigation, the attorneys were able to demonstrate that their client could not be held liable for the accident and made demand for voluntary dismissal citing New Jersey’s frivolous litigation rule with threat of sanctions and fee shifting. The Plaintiff agreed to dismissal prior to the exchange of any formal discovery on behalf of the client and before any significant defense costs were incurred.

EARLY DISPOSITIVE MOTION LEADS TO DISMISSAL OF ALL CLAIMS AGAINST THE INSURED

MOODK New Jersey Attorneys, Melissa J. Brown and Amanda A. King, obtain early dismissal of lawsuit against a doctor alleging unsupported constitutional claims, violations of the Americans with Disability Act, false imprisonment and medical negligence in the United States District Court for the District of New Jersey. The dismissal was obtained early in the litigation before the filing of an Answer or exchange of any discovery on behalf of the defendant therapist.

TENACIOUS DISCOVERY LEADS TO SUMMARY JUDGMENT

Melissa Brown and Kathryn Siegeltuch of Marks O’Neill’s New Jersey office were successful in obtaining an order dismissing Plaintiff’s civil rights claims against our client, a luxury car dealership.  Plaintiff alleged they were denied the ability to purchase a vehicle from the dealership based on their status as a racial minority.  Attorneys Brown and Siegeltuch completed a diligent and streamlined campaign to obtain critical documents and deposition testimony despite numerous attempts by Plaintiff to impede the lawful exchange of discovery. At the conclusion of discovery, we filed a Motion for Summary Judgment, citing key evidence and admissions from Plaintiff demonstrating that discrimination played no role in the parties’ failure to enter into a transaction for the sale of a vehicle.  The United States District Court for the District of New Jersey agreed, concluding that Plaintiff’s own equivocation and personal decisions resulted in the termination of the transaction, despite the dealership’s repeated and unwavering efforts to help Plaintiff select a vehicle and complete the sale.  As a result, the District Court entered an order dismissing the claims against our client with prejudice.