Subpoena

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In McLane Co. v. E.E.O.C., No. 15-1248, 2017 WL 1199454 (U.S. Apr. 3, 2017), as revised (Apr. 3, 2017), the U.S. Supreme Court held that a district court’s decision to enforce or quash an EEOC subpoena should be reviewed for abuse of discretion, and not (as the Ninth Circuit held) de novo. The facts of the…

Read More SCOTUS Clarifies Standard For District Court Evaluation of EEOC Subpoenas in Employment Discrimination Cases
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In Ghonda v. Time Warner Cable, Inc., 16-cv-2610, 2017 WL 395111 (EDNY Jan. 27, 2017) – in which plaintiff asserts claims of employment (gender) discrimination, sexual harassment, and retaliation – the court denied plaintiff’s request to quash a subpoena seeking information relating to plaintiff’s prior employer. From the Order: Plaintiff’s contention that the mere service…

Read More Court Permits “Former Employer” Discovery in Sexual Harassment Case
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In a recent decision in the case of Vale v. Great Neck Water Pollution Control District, 14-cv-4229 (E.D.N.Y. Jan. 8, 2016), a disability discrimination and retaliation case, the court denied the motion of a non-party – a person who had allegedly discriminated against other employees, but who never worked with or supervised plaintiff – to…

Read More Testimony of Non-Party Prior Employee (and Alleged Discrimination Victim) is Relevant in Disability Discrimination and Retaliation Case, Court Rules
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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
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