Jacob M. Gilboy

Jacob M. Gilboy: Attorney with Marshall Dennehey

Biography

Jacob is a member of the Professional Liability Department where he focuses his practice in matters related to school leaders' liability, employment law, municipal liability and civil rights law. He has litigated cases before state and federal courts, as well as the United States Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission. Jacob routinely represents both government and private employers in state and federal court in ADEA, ADA, Title VII, FMLA and PHRA matters.

With nearly two decades of prior experience serving his community in northeast Pennsylvania as a public school teacher and high school department head, Jacob is uniquely qualified to understand the intricacies of education litigation, among other professional liability fields. Jacob also previously spent time litigating cases from inception to resolution as a Plaintiff’s attorney, which further aids in his ability to navigate complex legal matters.

Jacob holds a Bachelor of Science degree from the University of Scranton, a Master’s degree from Wilkes University and a juris doctor degree from Widener University Commonwealth Law School.

Jacob is admitted to practice in Pennsylvania State courts as well as in the United States District Court for the Middle District and Eastern District of Pennsylvania. He enjoys being active in his community through coaching youth sports and is a member of the Board of Directors for Friends of the Poor, Scranton.

Honors & awards

Pennsylvania Super Lawyers Rising Star
2024-2025

Year joined

2021

Results

Secured Dismissal of a Suit Against a Dauphin County School District

School Leaders' Liability
September 4, 2024

We achieved dismissal of a suit against a school district by way of preliminary objections. The Dauphin County case involved allegations that the district deprived the plaintiffs of certain educational rights, premised on procedural due process violations, negligence and subornation of perjury. Preliminary objections were filed to the plaintiffs’ original complaint on both procedural and substantive grounds. Following the filing of an amended complaint and additional preliminary objections on similar grounds, argument was held.

Defamation action against public school district dismissed.

School Leaders' Liability
November 10, 2022

We successfully disposed of a defamation action via preliminary objections. The plaintiff brought a defamation action against a public school district and certain district officials, alleging that he was defamed through a series of internal text messages exchanged between an elementary principal and another parent. The defense raised several procedural violations that occurred in the pro se plaintiff’s filings, and also argued legal insufficiency by way of demurrer.

Federal Rehabilitation Act suit against a school district dismissed.

School Leaders' Liability
November 1, 2022

The plaintiffs filed a complaint stemming from the school district’s alleged violation of Section 504 of the Rehabilitation Act. Defense counsel prepared a F.R.C.P. 12(b)(6) motion to dismiss, arguing that the plaintiffs’ pleadings were insufficient to show that the student was disabled under the Act, that the district did not discriminate against the student, and that an isolated incident or comment from one teacher does not impart liability in violation of Section 504. The motion was first evaluated by a U.S.

Thought Leadership

Legal Update for Special Education Law - Case Law Update

Scranton
School Leaders' Liability
February 3, 2026
Pennsylvania Federal Court Dismisses IDEA Age-Out Challenge for Lack of Standing

Legal Update for Special Education Law - Case Law Update

Scranton
School Leaders' Liability
November 1, 2025
Eastern District of PA Finds that Section 504 of Rehabilitation Act Does Not Create a Stand-Alone Federal Cause of Action Based Upon Denial of Educational Records

Employment Discrimination and Retaliation - Best Practices to Avoid Headaches

Harrisburg
Employment Law
June 17, 2025

Legal Update for Special Education Law - Case Law Update

Harrisburg
School Leaders' Liability
June 1, 2025
Third Circuit Upholds Award of Attorneys’ Fees Despite Student’s Loss Before Administrative Law JudgeAugustyn v. Wall Twp. Bd. of Educ., No. 23-3156, 2025 WL 1352259 (3d Cir. May 9, 2025) Legal Update for Special Education Law - June 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to

Legal Update for Special Education Law - Updates from the Pennsylvania Department of Education

Harrisburg
School Leaders' Liability
June 1, 2025
Pennsylvania Recognizes 15 Postsecondary Institutions for Efforts to Support Student Mental Health and Prevent SuicidePennsylvania Department of Education Press Release - May 27, 2025 - Philadelphia, PA Legal Update for Special Education Law - June 2025 is prepared by Marshall Dennehey to provide information on recent legal developments

Areas of Practice (4)

  • School Leaders' Liability
  • Employment Law
  • Public Entity & Civil Rights Litigation
  • Miscellaneous Professional Liability

Education & Credentials

University Attended:
University of Scranton, B.S., 2001; Wilkes University, M.S., 2008
Law School Attended:
Widener University Commonwealth Law School, J.D., 2020
Year of First Admission:
2021
Admission:
2021, Pennsylvania; 2021, U.S. District Court Middle District of Pennsylvania; 2023, U.S. District Court Eastern District of Pennsylvania
Memberships:

Lackawanna County Bar Association; Pennsylvania Bar Association.

ISLN:
1001057006

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