After-Acquired Evidence Doctrine

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In Rubin v. Morrison & Foerster, No. 155986/2024, 2026 WL 2923238 (N.Y. Sup. Ct. Sep. 17, 2026), an employment discrimination case, the court discussed and applied the “after acquired evidence doctrine.” In sum, plaintiff alleges that he was subject to discrimination based on his disability (including failure to accommodate and termination). This decision concerns plaintiff’s…

Read More Court Rejects After-Acquired Evidence Defense Justification for Discovery of Former Employers; Subpoena Quashed
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In Dusel v. Factory Mutual Insurance Company, 52 F.4th 495 (1st Cir. Nov. 1, 2022) – an age discrimination case – the court, inter alia, held that the lower court did not abuse its discretion in finding that evidence of pornographic and sexually explicit materials discovered within employee’s paper files after he was terminated qualified…

Read More Post-Termination Discovery of Pornographic Materials Qualified as “After-Acquired Evidence” in Discrimination Case
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In Crump v. New York City Housing Authority, No. 163138/2015, 69 Misc. 3d 1202(A), 130 N.Y.S.3d 925, 2020 N.Y. Slip Op. 51143(U), 2020 WL 5884588 (Sup Ct, Oct. 02, 2020), the court, inter alia, rejected defendants’ “after-acquired-evidence” defense. (The court also denied defendants’ motion for summary judgment on plaintiff’s claims of retaliation and sexual orientation…

Read More Court Rejects After-Acquired Evidence Defense in Employment Discrimination Case
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In Walker v. H & M Henner & Mauritz LP, 16-cv-03818 (SDNY Sept. 16, 2016), the court granted the plaintiff’s motion to quash subpoenas that defendant proposed to serve on plaintiff’s former and current employers and schools she attended, in order to support its “after acquired evidence” defense. Defendant argued that “during the course of…

Read More Court Quashes Subpoenas to Obtain Prior Employment Information to Support “After Acquired Evidence Defense” in Race Discrimination Case
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In Gorman v. Covidien Sales, LLC, decided December 31, 2014, the Southern District of New York discussed the affirmative defense based on the so-called “after-acquired evidence” doctrine/defense. In this employment discrimination case, plaintiff sought “damages for alleged discrimination on the basis of military status and medical disability, retaliation, and intentional infliction of emotional distress during his…

Read More Defendants May Amend Answer to Assert the “After-Acquired Evidence” Defense in Discrimination Case Where Plaintiff Recorded Phone Conversations With Supervisor
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In Hefti v. Brand Union, Inc. (a wrongful termination lawsuit), decided July 2, 2014, the New York Supreme Court denied defendant’s motion to dismiss plaintiff’s complaint for failure to state a claim. Plaintiff alleged that she was subjected to discrimination based on her disability (clinical depression and bipolar disorder), including by forcing her to disclosing personal…

Read More Court Rejects Defendant’s Reliance on “After-Acquired Evidence” Doctrine
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