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Fowler v. UPMC Shadyside, No. 07-4285

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By Javier Lavagnino, Esq. on August 20, 2009 8:56 AM

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

Before: FuentesJordan and Nygaard, Circuit Judges
Opinion by Circuit Judge Nygarrd


Counsel for Appellant: Gregory G. Paul, Esq.

Counsel for Appellees: Pamela G. Cochenour, Esq., Pietragallo, Gordon, Alfano, Bosick, and Raspanti. 

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