Stroke – Pospis Law, PLLC

June 8, 2014 by mjpospis

Stroke Victim Adequately Alleges Disability Discrimination and Retaliation Claims Under the Americans With Disabilities Act

In Graham v. Women in Need, Inc., 13-cv-07063 (May 30, 2014), the Southern District of New York denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation under the Americans with Disabilities Act. The Facts Here are the facts, as alleged by plaintiff: Plaintiff is a former employee of WIN, a not-for-profit corporation organized…

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…