Evidence Not Precluded – Pospis Law, PLLC

April 27, 2017 by mjpospis

Court Allows Evidence of Post-Termination “Brown Monkey” Remark in Race/National Origin Discrimination Case

In Rao v. Rodriguez, No. 14-cv-1936, 2017 WL 1403214 (E.D.N.Y. Apr. 18, 2017), a race/national origin/age discrimination case, the court – having previously denied defendants’ motions for summary judgment – ruled on several motions in limine as to the evidence to be presented at trial. In one such motion, defendants sought to preclude “any evidence regarding a statement…

First Department Reverses Decision Precluding Expert Testimony on Causation and Condemns “Ambush” Trial Motion Practice

Did a car accident cause plaintiff’s stroke? That is the question recently addressed by the First Department in Sadek v. Wesley. The court reversed a trial court ruling precluding plaintiff’s neurological experts from testifying and dismissing plaintiff’s complaint. This motor vehicle accident case arose from a collision between a limousine driven by plaintiff Sadek and a Greyhound…