Friday, March 04, 2005

Attorneys' Inadequate Research Leads to Court Lecture

Two Pennsylvania lawyers are probably regretting the "less than exemplary research [and] analysis" they did in support of their motion to dismiss an employment discrimination complaint. According to U.S. District Judge Pratter, the motion to dismiss filed in Spirk v. Centennial School District suffered from numerous flaws. The Court held that defendants' arguments relied on a U.S. District Court case that had been overruled by the U.S. Supreme Court, ignored the plain meaning of the Pennsylvania Human Relations Act, and missed or ignored the Supreme Court's discussion of "the independent concepts of state liability and municipal liability."

Read the full article: Judge Lectures Lawyers on Research for Motion.

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