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

defendants were hiring planners at the very time that they claimed "financial problems" were the reason for terminating Jordan. Instead, the First Department, incensed about Jordan's criticisms about the trial Judge's "ex parte" communications, allegations which they deemed "baseless" instead of investigating, focused on the omission from evidence of a document that proved one of her non disabled replacements' compensation, as the basis for finding that there was "no evidence" to "rebut the legitimate reason".

The reason for the First Department's decision was clearly political. The First Department, in ignoring the high hurdle for disturbing jury verdicts in this state, as well as the fact that WPP waived the right to appeal when it agreed to the jury instructions, deployed the artifice of outrage about a dispute between the trial judge and the plaintiff to divert attention from the fact that they were "legislating from the bench" changes to the state's anti-discrimination laws that would make it harder to prove discrimination. The Appellate panel expressed outrage about Jordan's allegation of misconduct by the trial judge, Honorable Judge Rolando T. Acosta, and her allegations of improper "ex parte" communications with her discharged attorney, Laurence Lebowitz. Jordan complained that the trial judge had pressured her to agree to pay Lebowitz over $1 million in legal fees, despite his negligence in documenting Jordan's economic damages and evidence on the case. Acosta had also sanctioned Jordan calling her "contemptuous" after reporting Lebowitz' improper filing of pleadings on the case after his discharge as counsel of record, and after his attempts to censure her complaints failed. Acosta eventually recused himself from the case.

The Kathryn Jordan v. Bates Advertising et al case was tried in Supreme Court before Judge Acosta, a jurist ironically once appointed by Judge Judith Kaye, Chief Judge of the NYCOA, to oversee the commission to Promote Pub
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SOURCE EndDiscriminationNow.com
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