Evidence

by

In Village of Freeport v. Barella (decided February 16, 2016), the Second Circuit addressed whether “‘Hispanic’ describes a race for purposes of 42 U.S.C. § 1981 and Title VII.” In this case – which resulted in a $1.35 million jury verdict for plaintiff – plaintiff alleged (in sum) that defendant Village’s former mayor Andrew Hardwick did…

Read More Second Circuit: “Hispanic” is a “Race” For Purposes of Federal Antidiscrimination Laws
Share This:
by

In Henry v. Morgan’s Hotel Grp., Inc., No. 15-CV-1789 (ER)(JLC), 2016 WL 303114 (S.D.N.Y. Jan. 25, 2016) – a race and sexual orientation discrimination case – the court quashed subpoenas seeking documents from plaintiff’s prior employers. Specifically, the court quashed the subpoenas because they (1) failed to provide adequate notice, (2) would cause prejudice to plaintiff,…

Read More Court Quashes Subpoenas Seeking Documents Held By Discrimination Plaintiff’s Prior Employers
Share This:
by

In car accident litigation, a police report often supplies useful information. But is it admissible in court? That was an issue addressed by the Second Department in Memenza v. Cole, 2015 NY Slip Op 06789 (App. Div. 2d Dept. Sept. 16, 2015). The court summarized the law as follows: Facts stated in a police report…

Read More Improperly-Admitted Redacted Police Accident Report Results in New Trial Following Defense Verdict in Personal Injury (Pedestrian Knockdown) Case
Share This:
by

In Ramsaran v. Booz & Co. (N.A.) Inc., No. 1:14-CV-708-GHW, 2015 WL 5008744 (S.D.N.Y. Aug. 24, 2015), the Southern District of New York granted defendant’s motion for summary judgment on plaintiff’s pregnancy discrimination claim. In sum: After a series of documented negative reviews regarding her job performance, Ms. Ramsaran was fired. At the time that…

Read More Pregnancy Discrimination Case Dismissed
Share This:
by

In Holcomb v. State Univ. of New York at Fredonia, No. 12CV673A, 2015 WL 1280442 (W.D.N.Y. Mar. 20, 2015), the Western District of New York denied defendants’ motion to compel the plaintiff to respond to questions relating to her romantic experiences with her colleagues. In this case, plaintiff sued under Title VII of the Civil…

Read More Sexual Harassment Victim’s Romantic Relationships With Colleagues Off-Limits for Discovery, Court Rules
Share This:
by

In Barris v. One Beard St., LLC, the Appellate Division, Second Department reversed the grant of summary judgment to defendants. In this personal injury/premises liability case, “[t]he injured plaintiff, who was then 12 years old and accompanied by his father, allegedly slipped and fell on loose and broken pieces of asphalt as he was running…

Read More IKEA Slip/Fall Case Continues
Share This:
by

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…

Read More First Department Reverses Decision Precluding Expert Testimony on Causation and Condemns “Ambush” Trial Motion Practice
Share This:
by

In Malouf v. Equinox Holdings, Inc., the Appellate Division, First Department affirmed the lower court’s granting of (1) plaintiff’s motion “for spoliation sanctions to the extent of precluding defendant from arguing at trial that the treadmill plaintiff was using at the time of her accident was operating properly or was free from defects”, and (2) third-party defendant Life…

Read More Failure to Preserve Allegedly Defective Treadmill Results in Spoliation Sanctions Against Equinox
Share This:
by

In Auqui v Seven Thirty One Ltd. Partnership, decided December 10, 2013, the New York Court of Appeals (the state’s highest court) held that the determination by the Workers’ Compensation Board that plaintiff had “no further causally-related disability since January 24, 2006” and no further need for treatment was not entitled to collateral estoppel effect in…

Read More Court of Appeals Declines, in Negligence Case, to Give Collateral Estoppel Effect to Workers’ Compensation Board Finding
Share This:
by

In Devito v. Feliciano, decided November 26, 2013, the New York Court of Appeals held that the trial court erroneously failed to give a “missing witness” charge in a car accident case. The court held: [W]hen a missing witness charge is requested in a civil case, the uncalled witness’s testimony may properly be considered cumulative…

Read More Failure to Give “Missing Witness” Charge Results in New Trial Following Defense Verdict in Car Accident Case
Share This: