In Brunt-Piehler v. Absolute Software, Inc. et al, 6:16-CV-06313 EAW, 2024 WL 3765523 (W.D.N.Y. August 13, 2024), the court, inter alia, vacated a jury verdict in plaintiff’s favor on her retaliation claim under the New York State Human Rights Law. This decision is instructive as to the “protected activity” element of a retaliation claim. The…
Read More Retaliation Verdict Vacated, Absent Evidence of “Protected Activity”In Applewhite et al v. N.Y.C. Dept. of Education, 2024 WL 3718675 (E.D.N.Y. Aug. 8, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s failure-to-accommodate religion claim. From the decision: A plaintiff bringing a Title VII religious discrimination claim for failure to accommodate must allege that she “(1) has a bona fide religious…
Read More Failure to Accommodate Religion Claim Dismissed, Absent Allegation of Conflict Between Religious Observance and Employment RequirementEvery legal claim has a “statute of limitations”. (For the record, not a “statue of limitations“). Generally, a statute of limitations is a law that bars claims after a specific period, namely, a statute establishing a time limit for suing in a civil case, measured from the date the claim accrued. As explained by the…
Read More The Statute of Limitations in New York Civil LitigationIn Espinoza v. CGJC Holdings LLC d/b/a Joe and Pat’s Pizzeria and Restaurant et al, 23cv9133 (DLC), 2024 WL 3520662 (S.D.N.Y. July 23, 2024), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s discrimination claim asserted under New York’s “lawful activities” discrimination law, Labor Law § 201-d. (The court did, however, deny defendants’ motion to dismiss…
Read More Instagram Post-Related Discrimination Claim, Asserted Under New York’s “Lawful Activities” Discrimination Law, DismissedIn New York practice, there are many devices available to the parties for obtaining information as part of the discovery (in NY, “disclosure”) phase of civil litigation. These include Interrogatories, Demands for Documents and Things, Depositions, and (as will be discussed here) Requests for Admissions. New York Civil Practice Law and Rules (CPLR) 3123 provides:[1]In…
Read More The Notice to Admit in New York PracticeA deposition (known in New York as an “Examination Before Trial” or “EBT”) is one of the devices used during the discovery (in New York, “disclosure”) phase of the civil litigation process. Generally A deposition/EBT is a proceeding – typically held out of court, such as in a lawyer’s office or court reporting company’s facility…
Read More Depositions in New York Practice – An Overview“Judicial Notice” is a process which may be used to have certain matters accepted at trial as established, without the necessity of formal proof. It comes in two forms: (1) judicial notice of facts; and (2) judicial notice of law. See generally, Guide to NY Evidence, Article 2; Federal Rule of Evidence 201. Judicial Notice…
Read More Judicial Notice in New York PracticeIn New York practice, the “Bill of Particulars” is a widely-used device to obtain more detail – “particulars” – about a legal claim (either a plaintiff’s affirmative claims, or a defendant’s affirmative defense(s)). Technically, even though the Bill of Particulars (referred to as a “BP” by New York litigation regulars) is not a “discovery” device,…
Read More The “Bill of Particulars” in New York Practice“Interrogatories” are a discovery tool (among many) used in lawsuits in New York courts. In sum, these are written questions seeking specific information – including the identification of witnesses and the factual bases for a party’s contentions – pertinent to the case. The use of interrogatories is specified in Civil Practice Law and Rules (CPLR…
Read More Interrogatories in New York PracticeThe police accident report, known in New York as a Form MV-104, is a document typically used in motor vehicle accident litigation. It memorializes various pieces of information relevant to the accident, including (among other things): When the accident occurred; Who was involved in the accident; Where the accident occurred; Descriptions of the involved vehicles;…
Read More The Police Report in New York Personal Injury Litigation