FRE 801(d)(2)(D) – Pospis Law, PLLC

January 4, 2022 by mjpospis

New Laws Re: Hearsay, Remote Notarization, & Insurance Disclosure

New York Governor Hochul has recently approved three pieces of legislation, specifically, relating to (1) admissibility of certain statements under the “hearsay” rule; (2) remote notarization; and (3) insurance disclosures. Hearsay. First, S7093/A8040 (Hoylman/Dinowitz) amends the rules of evidence to permit the admission of an opposing party’s statement if made by an agent or employee made within…

City Employee Overcomes Summary Judgment on Race/National Origin Discrimination (Failure-to-Promote) Claim: Evidence Indicated That Plaintiff Was Qualified; Admission of Discrimination Was Not Hearsay

In Allen v. City of N.Y., No. 16-560-CV, 2017 WL 2544520 (2d Cir. June 13, 2017) (Summary Order), the Second Circuit vacated in part the lower court’s order granting summary judgment to defendant. Here, plaintiff claims that he was not promoted because of his race and national origin and that he was retaliated against for complaining…

Citing People v. Gambini, 2d Circuit Reinstates Female Bricklayer’s Gender Discrimination Failure-to-Hire Case

In Walsh v. New York City Housing Authority, 14-181-cv, 2016 WL 3632245 (2d Cir. July 7, 2016), a Title VII gender discrimination failure-to-hire case, the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order granting summary judgment to defendant. It is worth a read, for at least the reason that it…