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September 01, 2003

Plaintiff seeks to admit testimony relating to a similar claim of sex discrimination raised by a co-worker. She also notes that in a department of 20, there are only five women. Is the co-worker's testimony admissible? Is testimony relating to the office's demographics probative?

John Gaal's Ethics Corner

September 01, 2003

Your ethics questions answered by the expert.

Protection under Participation Clause Extended to Alleged Harrassers

September 01, 2003

Alleged harassers may not be retaliated against for participating in the investigation of harassment against them, according to the Second Circuit in a ruling of first impression. Deravin v. Kerik, 335 F.3d 195 (2d Cir. 2003). In doing so, the court held that "defending oneself against charges of discrimination - to the extent that such defense involves actual participation in a Title VII proceeding or investigation - is 'protected activity' within the scope" of the participation clause of Title VII.

Be Wary of Rule 54(d)'s Costs Provision

September 01, 2003

Costs Are Awardable, and Are Being Awarded, Against Plaintiffs Plaintiffs' employment lawyers contemplating bringing Title VII or other discrimination suits have long felt secure in the knowledge that, even if they lose at trial or at the summary judgment stage, their client will not be assessed attorney's fees. This may not be the case.

Real Property Law

September 01, 2003

Cases of importance to your practice.

Index

September 01, 2003

A comprehensive list of key cases discussed in this issue.

Landlord & Tenant

September 01, 2003

Cases of importance to your practice.

Development

September 01, 2003

Cases of importance to your practice.

Cooperatives & Condominiums

September 01, 2003

Cases of importance to your practice.

Hidden Defects in Title

September 01, 2003

All About the 'New Predatory Lending Law' Hidden defects in title are one of the nightmares of the title insurance industry - as well as one of the protections that make the purchase of title insurance the more alluring. Although only experience may supply the ultimate answer, there is a possibility that the new "predatory lending law" in New York will generate lurking infirmities in titles devolving through mortgage foreclosure actions that may render tenuous the issuance of insurance on such properties.

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