Discovery

Depositions are a part of the pre-trial “discovery” stage of litigation, in which a witness is questioned under oath, while their testimony is transcribed by a court reporter. They often occur outside the presence of a judge. One issue that arises is the alleged “coaching” of a witness by their attorney. In a recent case,…

Read More Court Discusses Deposition Sanctions in Employment Discrimination Case

Motion practice in New York litigation is governed by a variety of overlapping provisions, including those set forth in the New York Civil Practice Law and Rules (CPLR), “Uniform Rules”, local/judges’ rules, and case law. Section 202.7 of the Uniform Civil Rules for the Supreme and County Courts, titled “Calendaring of motions; uniform notice of…

Read More 2d Dept.: Affirmation of Good Faith May Be Contained in Primary Affirmation

In Babbitt v. Koeppel Nissan, Inc., 2019 WL 3296984 (EDNY July 23, 2019) – an employment discrimination, sexual harassment, and retaliation case brought under Title VII of the Civil Rights Act of 1964 – the court ruled on the parties’ respective motions to compel discovery. One issue in this case, one that has become ever…

Read More Social Media Discovery Compelled (in Part) in Sexual Harassment Case

In Taylor v. Metropolitan Transportation Authority, 18-CV-1278, 2019 WL 2766502 (S.D.N.Y. July 2, 2019), the court discussed a common discovery issue in employment discrimination cases, namely, the extent to which a plaintiff may obtain through discovery entity-wide complaints of discrimination. In this case, plaintiff asserts claims of discrimination and retaliation, and specifically that her supervisor…

Read More Court Denies Motion to Compel Discovery of Religious Discrimination Complaints, Pending Supplemental Information Relating to FRCP 26(b)(1) Proportionality

In Cruz v. G-Star Inc. et al, 17-CV-7685, 2019 WL 2521299 (S.D.N.Y. June 19, 2019), an employment discrimination case involving (inter alia) allegations of sexual harassment, the court imposed sanctions under Federal Rule of Civil Procedure 37(e) on defendants for engaging in spoliation of evidence (electronically-stored information, or ESI). From the decision: Here, the circumstances…

Read More Court Imposes Spoliation Sanctions in Sexual Harassment Case

In Reitman v Ronell, No. 157658/2018, 2019 WL 2413149, at *1–2 (N.Y. Sup Ct, New York County June 04, 2019) – in which plaintiff alleges, inter alia, claims for gender discrimination, quid pro quo sexual harassment, and hostile educational environment – the court considered and ruled on plaintiff’s motion for a protective order under CPLR…

Read More Court Discusses Use of Interrogatories in Sexual Harassment Case