Discovery

by

In Berry v. Town of Front Royal, Virginia, 21-cv-00001, 2021 WL 4895204 (W.D. Va. Oct. 20, 2021) – a sexual harassment and retaliation case involving allegations of unwanted touching and inappropriate remarks – the court granted plaintiff’s motion to compel discovery. At issue were two document requests: 27. All documents submitted by Defendant to, or…

Read More Court Grants Motion to Compel Discovery Regarding Other Instances of Sexual Harassment
Share This:
by

In Lopez v. Bendell, No. 156292/2017, 2021 WL 4776215 (N.Y. Sup Ct, New York County Oct. 13, 2021), an employment discrimination case (involving allegations of national origin discrimination, hostile work environment, retaliation, and wrongful termination), the court denied defendants’ request to vacate the Note of Issue (on the ground that plaintiff failed to produce “social…

Read More Court Declines to Vacate Note of Issue in Discrimination/Hostile Work Environment Case; Requires “Jackson Affidavit” Regarding Social Media Posts
Share This:
by

Despite what popular culture may imply, the main battles of litigation are not waged in the courtroom, but rather in various pre-trial events that, together, comprise what is known as “discovery.” In this phase, the parties use various methods to obtain (“discover”) information from the other side. Among the various (and most prevalent) discovery methods…

Read More A Cautionary Tale Regarding Attorney Deposition Conduct
Share This:
by

In Alberto Coronado v. Veolia North America Inc. & Subsidiaries et al, NY Sup. Ct. NY Cty. 450319/2019 (April 6, 2021), a motor vehicle accident case, the court held that the defendant was not entitled to obtain discovery of so-called “litigation funding” material from the plaintiff. Despite the liberal construction courts give to the CPLR’s…

Read More Litigation Funding Discovery Denied in Car Accident Case
Share This:
by

In Harris v. Charlie Rose Inc., No. 154172/2018, 2021 WL 1345374 (N.Y. Sup Ct, New York County Apr. 05, 2021) – a lawsuit in which plaintiffs assert that defendant Charlie Rose subjected them to ongoing physical and sexual harassment including sexual touching, comments, and advances – the court granted, in part, plaintiff’s motion to compel discovery. From…

Read More Discovery Compelled, in Part, in Charlie Rose Sexual Harassment Case
Share This:
by

In Lyons v. New York Life Insurance Company, 2021 WL 1405602 (S.D.N.Y., 2021), an employment discrimination case, the court granted plaintiff’s motion to compel certain discovery from defendant. In sum, plaintiff – who worked as a Long-Term Care Consultant (LTCC) – asserts claims for gender and age discrimination and retaliation, as well as for unequal…

Read More Court Discusses Use of Prior Acts as Background Evidence in Employment Discrimination Cases
Share This:
by

In Crandall v. Equinox Holdings, Inc., No. 157373/2018, 2021 WL 1253808, 2021 N.Y. Slip Op. 31063(U) (N.Y. Sup Ct, New York County Apr. 05, 2021), a sexual assault case, the court ruled on the plaintiff’s motion to compel discovery. The court summarized the facts, and plaintiff’s motion, as follows: In this case, plaintiff alleges that…

Read More Sexual Assault Plaintiff’s Motion to Compel Granted in Part
Share This:
by

In Diaz v. Minhas Construction Corp., LLC, No. 2019-11504, 500909/19, 2020 N.Y. Slip Op. 06496, 2020 WL 6603105 (N.Y. App. Div. 2 Dept. Nov. 12, 2020) – an employment discrimination/sexual harassment case – the court reversed a lower court order denying plaintiff’s motion to compel certain discovery relating to other employees who engaged in conduct…

Read More Sexual Harassment Plaintiff Entitled to Other-Employee Discovery
Share This:
by

In Devany v. United Parcel Services, Inc., 18-cv-6684, 2020 WL 5876245 (S.D.N.Y Oct. 2, 2020), a disability discrimination case, the court upheld the denial of plaintiff’s request for discovery relating to other employees. In this case, plaintiff asserts that he was terminated because of his disability (alcoholism), and that the defendant’s proffered reason (the violation…

Read More Alcoholism-Disability Discrimination Plaintiff Not Entitled to Discovery of Non-Similarly Situated Employees, Court Rules
Share This:
by

In Mascaro v. Brant Publications, Inc., No. 152662/2019, 2020 WL 5229247 (N.Y. Sup Ct, New York County Aug. 28, 2020) – in which plaintiff asserts claims for age and disability discrimination under the New York State Human Rights Law – the court denied plaintiff’s motion (pursuant to CPLR 3124 and 3126) to compel responses to…

Read More Pre-Preliminary Conference Discovery Motion Denied in Age/Disability Discrimination Case
Share This: