O’Neal, Kelleher, and Cocco Successfully Obtain Dismissal of Three Individuals and One Hospital Defendant

Mar 16, 2021 | News

Attorneys Stuart O’Neal, Megan Kelleher, and Vincent Cocco successfully obtained dismissal of three individuals and one hospital entity defendant in the Eastern District of Pennsylvania for failure to state a claim upon which relief could be granted (12(b)(6)) and insufficient service of process (12(b)(5)). The plaintiff, an African-American student at a respiratory therapy program run by a state university and a local hospital, alleged that he was improperly dismissed from the program due to his race after administrators falsified his grades. He alleged that administrators then improperly withheld his scholastic records and upheld the dismissal without a proper hearing. Claims included breach of contracts and 14th Amendment Due Process.