Navigation Links
Top NY Court Blinks in 'First Department' WPP Discrimination Power Play
Date:11/13/2008

NEW YORK, Nov. 13 /PRNewswire-USNewswire/ -- In a regular session of the New York Court of Appeals on October 23rd 2008, and under the cover of a contentious election year and an economic tsunami, this state's top court, the New York Court of Appeals (NYCOA) declined to hear the appeal of Kathryn Jordan v. Bates Advertising 118785-99, an important "perceived disability" case filed by a woman with Multiple Sclerosis. The appeal was filed by Jordan after the First Department Appellate Division reversed the May 2005 jury verdict and the Final Judgment of the trial judge, Honorable Rolando T. Acosta, entered in November 2007 to uphold the jury verdict and adopted the arguments of WPP's appellate and trial attorneys that victims of discrimination must always disprove the "legitimate reasons" proffered by the employer in order to prove discrimination.

In a week that that the state's top appeals court chose to hear the Bianca Jagger eviction case, NYCOA appeared to be dodging an overt power play by the Appellate Division, to legislate "from the bench" new case law that will now make proving discrimination by plaintiffs in disability and Title VII cases extremely more difficult, as well as avoiding a politically charged situation involved the trial judge's appointment to the higher court in the middle of a judicial investigation. The decision will also open the door for employers to get a "second bite at the apple" when they lose cases for legal reasons after agreeing to the jury instructions.

The hearing of the Jordan appeal would have allowed the top court to resolve an important issue of law, specifically the legal burden for proving "pretext" in discrimination cases, a matter that has been inconsistently adjudicated by lower New York courts. Jordan's appellate attorney Robert Meister argued in their briefs that while the First Department held, as WPP's attorneys had argued, that a victim of discrimination must always disprove the "legitimate reason"
'/>"/>

SOURCE EndDiscriminationNow.com
Copyright©2008 PR Newswire.
All rights reserved

Page: 1 2 3 4 5

Related medicine news :

1. Texas Supreme Court Rules Against Medicare HMOs in Hospital Reimbursement Fight
2. Claim Filed Against the Company and Nine Other Defendants in the Haifa Magistrates Court
3. First Circuit Court of Appeals Rules Against Philip Morris in Lights Class Action
4. Wyeth and Nycomed Announce Court Denial of Preliminary Injunction
5. Massachusetts State Court Hears Suit by Breastfeeding Mother on Medical Licensing Exam
6. Cristina Saralegui Joins Celebrities Including Matthew McConaughey, Courteney Cox and Mariska Hargitay to Raise Money for Breast Cancer Research
7. Filing for Reconsideration/Press Conference ACUNA v. TURKISH, Historic Informed Consent Abortion Case to the New Jersey Supreme Court
8. Rulings Send Lawsuits Against State Farm, American Family Back to Court, Hagens Berman Sobol Shapiro Announces
9. NBME Appeals Massachusetts Judges Reversal of Lower Court in Suit for Extra Break Time During Medical Licensing Exam
10. New Report Says Health Courts Bureaucracies Offer Big Financial Burdens and Loss of Patient Rights
11. ALLs Judie Brown: Supreme Court is Wrong on Contraception Ruling
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:7/30/2014)... Dennis Thompson HealthDay Reporter ... people with depression are more likely to develop dementia, but ... the relationship between the two. Specifically, they haven,t been ... works -- does depression help bring on dementia, or does ... published online July 30 in the journal Neurology ...
(Date:7/30/2014)... drug to treat malaria, is now widespread throughout ... ( P. falciparum ) parasites that cause the ... mutation in the parasites. However, a six-day course ... three-day coursehas proved highly effective in treating drug-resistant ... the New England Journal of Medicine . ...
(Date:7/30/2014)... Mozes HealthDay Reporter WEDNESDAY, ... help their preschooler shed excess pounds may want to team ... parents joined them in a supervised behavioral modification program gained ... traditional child-only program (an average difference of about four pounds ... 15 pounds over two years, according to the study. ...
(Date:7/30/2014)... (PRWEB) July 30, 2014 SF Cable, ... at the lowest prices on the internet with guaranteed ... in two lengths and two colors. These lightning cords ... , The high quality SF Cable Lightning ... with digital signal delivering faster charging and syncing. Compatible ...
(Date:7/30/2014)... Lexington, MA (PRWEB) July 30, 2014 ... provider of authentication, access management and secure communications ... Imprivata OneSign ® is the most widely ... using McKesson Paragon or Horizon electronic medical records ... (an increase of about 11 percent in the ...
Breaking Medicine News(10 mins):Health News:Scientists Shed Light on Link Between Depression, Dementia 2Health News:Scientists Shed Light on Link Between Depression, Dementia 3Health News:Resistance to key malaria drug spreading at alarming rate in Southeast Asia 2Health News:Make Kids' Weight Loss a Family Affair, Study Suggests 2Health News:Make Kids' Weight Loss a Family Affair, Study Suggests 3Health News:Make Kids' Weight Loss a Family Affair, Study Suggests 4Health News:SF Cable Delivers Certified Lightning Cable in Multiple Sizes and Colors 2Health News:Imprivata Achieves 51 Percent Single Sign-on Market Share Amongst U.S. Hospitals Using McKesson Paragon or Horizon EMR Systems, According to HIMSS Analytics 2
... Toronto Stock Exchange Symbol: CYT, MONTREAL, May ... cryotherapy products to treat cardiac,arrhythmias, today announced financial results ... Selected Second Quarter Financial and Operational Highlights:, - ... $10.2 million or a 37.6% ...
... N.Y., May 12 Gentiva Health,Services, Inc. (Nasdaq: ... services, announced today that it is scheduled to,present from ... 2008 at the 2008,Citi Investment Research Global Health Care ... available to the public via a live audio web,cast, ...
... IQ more likely the younger a child is at diagnosis, study ... 5 percent of people with multiple sclerosis are diagnosed when they,re ... function, causing memory and attention problems, and possibly low IQ scores. ... of diagnosis, the more likely he or she is to have ...
... even harm cognitive function , , MONDAY, May 12 (HealthDay News) ... daily use of two popular pain-relieving drugs, Celebrex and naproxen, ... history of Alzheimer,s disease. , In fact, naproxen, which goes ... a deleterious effect on cognitive function, the study found. ...
... than 2,000,hospital employees, patients and others concerned about the ... State House today in the "Care,Today, Gone Tomorrow" rally ... Toting signs that read "Some Cuts Never Heal" ... and state lawmakers to restore,the $143 million in charity ...
... Damir Matic, a scientist with Lawson Health Research Institute in ... performed throughout North America and around the world. Matic ... close the gum tissue of cleft palate patients. His research ... is older. , Matic is a craniofacial/plastic surgeon at London ...
Cached Medicine News:Health News:CryoCath Announces Fiscal 2008 Second Quarter Results 2Health News:CryoCath Announces Fiscal 2008 Second Quarter Results 3Health News:CryoCath Announces Fiscal 2008 Second Quarter Results 4Health News:CryoCath Announces Fiscal 2008 Second Quarter Results 5Health News:CryoCath Announces Fiscal 2008 Second Quarter Results 6Health News:CryoCath Announces Fiscal 2008 Second Quarter Results 7Health News:CryoCath Announces Fiscal 2008 Second Quarter Results 8Health News:CryoCath Announces Fiscal 2008 Second Quarter Results 9Health News:CryoCath Announces Fiscal 2008 Second Quarter Results 10Health News:CryoCath Announces Fiscal 2008 Second Quarter Results 11Health News:CryoCath Announces Fiscal 2008 Second Quarter Results 12Health News:Gentiva(R) Health Services to Present May 21 at 2008 Citi Investment Research Global Health Care Conference in New York 2Health News:Gentiva(R) Health Services to Present May 21 at 2008 Citi Investment Research Global Health Care Conference in New York 3Health News:Multiple Sclerosis Affects Children's Cognitive Skills 2Health News:Multiple Sclerosis Affects Children's Cognitive Skills 3Health News:Celebrex, Naproxen Won't Prevent Mental Decline 2Health News:Celebrex, Naproxen Won't Prevent Mental Decline 3Health News:Crowd Rallies to Protest Hospital Cuts 2Health News:Crowd Rallies to Protest Hospital Cuts 3Health News:Crowd Rallies to Protest Hospital Cuts 4Health News:Research shows timing improves cleft palate surgery 2
(Date:7/30/2014)... 2014 /PRNewswire-iReach/ -- Transluminal Technologies LLC, a ... has announced today that they have received CE ... Device. Velox CD™ provides a safe and predictable ... procedures. The single size velox CD™ is indicated ... 5F to 8F.  Velox CD™ utilizes ...
(Date:7/30/2014)... 2014  InnoPharma, Inc. today announced the first generic ... of Zyprexa® injection), in Canada.  Olanzapine is indicated for ... patients with schizophrenia or bipolar I mania. ... has entered into an agreement with Sandoz Canada Inc., ... use, sell, market and distribute Olanzapine Injection in ...
(Date:7/30/2014)... TARRYTOWN, N.Y. and PARIS ... REGN ) and Sanofi (EURONEXT: SAN and ... new Phase 3 ODYSSEY trials of alirocumab in people ... greater percent reduction from baseline in low-density lipoprotein cholesterol ... comparator.  Alirocumab is an investigational monoclonal antibody targeting PCSK9 ...
Breaking Medicine Technology:Transluminal Technologies receives CE Mark approval for velox CD(TM) vascular closure device 2InnoPharma Announces Launch of Olanzapine for Injection, 10mg/vial in Canada 2Regeneron and Sanofi Report Positive Top-Line Results from Nine Phase 3 Trials of Alirocumab in People with Hypercholesterolemia 2Regeneron and Sanofi Report Positive Top-Line Results from Nine Phase 3 Trials of Alirocumab in People with Hypercholesterolemia 3Regeneron and Sanofi Report Positive Top-Line Results from Nine Phase 3 Trials of Alirocumab in People with Hypercholesterolemia 4Regeneron and Sanofi Report Positive Top-Line Results from Nine Phase 3 Trials of Alirocumab in People with Hypercholesterolemia 5Regeneron and Sanofi Report Positive Top-Line Results from Nine Phase 3 Trials of Alirocumab in People with Hypercholesterolemia 6Regeneron and Sanofi Report Positive Top-Line Results from Nine Phase 3 Trials of Alirocumab in People with Hypercholesterolemia 7Regeneron and Sanofi Report Positive Top-Line Results from Nine Phase 3 Trials of Alirocumab in People with Hypercholesterolemia 8
... WIXOM, Mich., Sept. 19 Rockwell Medical,Technologies, ... innovative manufacturer and,developer of concentrates and specialty ... announced today that it has commenced,enrollment in ... Ferric,Pyrophosphate (SFP), a physiological iron-maintenance therapy drug. ...
... ALEXANDRIA, La., Sept. 18 Life Recovery ... an emerging provider of,groundbreaking medical devices for the ... System has been granted European CE,Mark (Conformite Europeene) ... e.g., to induce hypothermia in patients to,preserve cardiac ...
Cached Medicine Technology:Rockwell Medical Technologies, Inc. Begins Patient Enrollment for its SFP Dose-Ranging Study 2Rockwell Medical Technologies, Inc. Begins Patient Enrollment for its SFP Dose-Ranging Study 3Rockwell Medical Technologies, Inc. Begins Patient Enrollment for its SFP Dose-Ranging Study 4Life Recovery Systems Receives European CE Mark Approval for Its ThermoSuit(R) System 2
Varicella-zoster virus (VZV) IgM Enzyme-Linked Immunosorbent Assay (ELISA) is intended for the detection of IgM antibody to Varicella-zoster virus in human serum as an aid in the diagnosis of primar...
... Mumps IgG ELISA test system is intended ... antibody in human serum. When performed according ... test, together with other clinical information, may ... and/or aid in the diagnosis of Mumps ...
... IgG Enzyme-linked Immunosorbent Assay (ELISA) is intended ... IgG antibody to Mumps virus in human ... for the determination of immune status. Paired ... to demonstrate seroconversion or a significant rise ...
... system is comprised of the TEG analyzer and ... complete picture of the formation and dissolution of ... the two systems. ,Haemoscope's TEG analyzer is the ... follows the reliable and proven model developed by ...
Medicine Products: