Discovery

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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
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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
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In Doyle v. Temco Serv. Indus., Inc., 2019 NY Slip Op 03919 (App. Div. 1st Dept. May 21, 2019), the court held that defendant was entitled to discovery of plaintiff’s social media accounts – albeit not to the extent that defendant demanded. From the decision: Private social media information can be discoverable to the extent…

Read More Social Media, Passport Discovery Ordered in Personal Injury Case
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In Caserta v Triborough Bridge and Tunnel Authority, No. 157983/2015, 2019 WL 1003772 (N.Y. Sup Ct, New York County Feb. 26, 2019), a personal injury case, the court stated and applied the general rule regarding discovery of a plaintiff’s social media postings. Here is the court’s summary of the general rule: Social media information is…

Read More Court Permits Limited Social Media Discovery in Personal Injury Case
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In Constance Felice, appellant, v Metropolitan Diagnostic Imaging Group, LLC, et al., respondents, et al., defendant., No. 2016/10529 (Index No. 4471/11), 2019 WL 1272557 (N.Y.A.D. 2 Dept., Mar. 20, 2019) – an employment discrimination, sexual harassment, and retaliation case – the court precluded plaintiff from using at trial certain audio files that were the subject…

Read More Audio Files, Not Produced, Precluded in Sexual Harassment Case
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In Kong v. Morrison-Tennenbaum PLLC, 2019 NY Slip Op 30529(U), 156864/2016 (Sup. Ct. NY Cty. March 1, 2019), an employment discrimination case, the court determined that various “requests to admit” were improper. Judge Chan discussed the parameters of this disclosure device: A notice to admit “is to be used only for disposing of uncontroverted questions…

Read More Court Strikes Requests to Admit in Employment Discrimination Case
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In O’Halloran v. Metropolitan Transp. Auth., 2019 NY Slip Op 01318 (App. Div. 1st Dept. Feb. 21, 2019), an employment discrimination case, the Appellate Division, First Department unanimously affirmed the lower court’s decision granting plaintiff’s motion (pursuant to CPLR 3124) compelling the defendant to provide certain discovery. Citing New York CPLR 3101(a) and relevant case law,…

Read More Order Compelling Discovery in Employment Discrimination Case Affirmed
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A recent decision, Williams v. Suttle, 2019 NY Slip Op 00163 (App. Div. 2d Dept. Jan. 9, 2019), illustrates the perils of failing to comply with discovery orders. From the decision: Here, the willful and contumacious character of the plaintiffs’ actions can be inferred from their repeated failures to comply with the defendant’s notices to appear…

Read More Dismissal of Complaint Affirmed Due to Discovery Failures
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In Rosen v. MHM Realty LLC, 2018 NY Slip Op 07549 (App. Div. 1st Div. Nov. 8, 2018), the Appellate Division unanimously affirmed the lower court’s order denying plaintiff’s motion for a protective order and directed plaintiff to give defendants an unlimited authorization (for a specified period) for mental health records for treatment in connection with injuries…

Read More Mental Health Records Must Be Produced in Injury Case, Court Holds
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