In Naramore v. Mount Sinai Health Sys. Inc., 2022 NY Slip Op 03479 (N.Y. App. Div. 1 Dept. May 31, 2022), a gender discrimination case, the court addressed an issue that frequently arises in litigation, namely, the scope of discovery to which the parties are entitled. In employment discrimination cases, a plaintiff will often attempt…
Read More Court Limits Discovery in Gender Discrimination CaseIn Louise v Hampton Jitney, Inc., 2021 NY Slip Op 02251 (App. Div. 1st Dept. April 13, 2021) – a personal injury case – the court affirmed the preclusion of defendant’s expert from testifying at trial or the use of his expert report. From the decision: Preclusion of expert evidence on the ground of failure…
Read More Court Precludes Expert Testimony and Report, Based on Demanded But Undisclosed EvidenceIn Daughtry v. Fedcap Rehabilitation Servs. Inc., 2018 NY Slip Op 32857(U), Index No. 152108/2016 (Sup. Ct. N.Y. Cty. Nov. 8, 2018) – a race/criminal conviction discrimination case – the court, inter alia, held that plaintiff was not entitled to a deposition of the defendant’s CEO. The court, therefore, granted defendant’s motion for a protective order under…
Read More Deposition of CEO Denied in Criminal Conviction Employment Discrimination CaseIn McMahon v. New York Organ Donor Network, Inc., No. 156669/12, 2016 WL 1251204 (N.Y. Sup. Ct. Mar. 28, 2016), the plaintiff was terminated from his position as a probationary Transplant Coordinator of the New York Organ Donor Network. Plaintiff claimed that he was fired after making complaints that defendant’s employees were procuring organs from individuals…
Read More Court Orders Discovery of Other Employees’ Personnel Records in Whistleblower Retaliation Case