35 Cited authorities

Oppenheimer Fund, Inc. v. Sanders
437 U.S. 340 (1978) Cited 4,416 times 20 Legal Analyses
Holding that that the production of putative class members' names pursuant to Federal Rule 26 was not "within the scope of legitimate discovery."
Zubulake v. UBS Warburg LLC
220 F.R.D. 212 (S.D.N.Y. 2003) Cited 701 times 50 Legal Analyses
Holding that destruction of evidence was "grossly negligent, if not reckless" where the defendant "failed to include [evidence from a key employee] in its preservation directive"
Chang v. U.S.
250 F.3d 79 (2d Cir. 2001) Cited 637 times
Holding it within district court's discretion to resolve ineffective assistance claim on basis of submitted papers, including trial counsel's detailed affidavit contradicting defendant's assertions
In re Agent Orange
517 F.3d 76 (2d Cir. 2008) Cited 366 times 1 Legal Analyses
Holding that the district court erred in denying leave to amend because plaintiffs "were entitled to amend their complaint as a matter of right without leave of the district court"
EM Ltd. v. Republic of Argentina
695 F.3d 201 (2d Cir. 2012) Cited 279 times
Holding that collateral order doctrine afforded Argentina immediate review of order requiring foreign bank to disclose Argentina's worldwide assets because subsequent appellate review was unavailable and Argentina, as judgment debtor rather than party to whom disclosure order was directed, could not obtain review through disobedience and contempt
Shcherbakovskiy v. Da Capo Al Fine, Ltd.
490 F.3d 130 (2d Cir. 2007) Cited 315 times 2 Legal Analyses
Holding that the phrase "possession, custody, or control" as contained in Fed. R. Civ. P. 34 has been construed to include instances in which "a party has access and the practical ability to possess documents not available to the party seeking them."
Hicks v. Gates Rubber Co.
833 F.2d 1406 (10th Cir. 1987) Cited 556 times 1 Legal Analyses
Holding that employer liability could arise under the principles of Restatement 219 if: the employer was negligent or reckless; or the employee relied on the supervisor's apparent authority; or the supervisor was aided in his harassment by the existence of the agency relationship
Dole v. Elliott Travel & Tours, Inc.
942 F.2d 962 (6th Cir. 1991) Cited 490 times
Holding individual liable where “the evidence clearly demonstrates that [individual] was the ‘top man’ ... and the corporation functioned for his profit”
Maresco v. Evans Chemetics
964 F.2d 106 (2d Cir. 1992) Cited 209 times
Holding that the ADEA does not make it "unlawful . . . for an employer to discharge an employee based on reasonable factors other than age" (citing the RFOA) and noting that cost and administrative convenience may provide two such reasons
Crosby v. City of New York
269 F.R.D. 267 (S.D.N.Y. 2010) Cited 69 times
Denying in part and granting in part DANY's motion to quash plaintiffs' subpoenas
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,940 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 95,908 times 660 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 46,285 times 322 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Section 1981 - Equal rights under the law
42 U.S.C. § 1981 Cited 38,045 times 247 Legal Analyses
Granting equal rights to "make and enforce contracts" without regard to race
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,184 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Fed. R. Civ. P. 34 Cited 13,233 times 149 Legal Analyses
Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."
Rule 43 - Taking Testimony
Fed. R. Civ. P. 43 Cited 1,501 times 14 Legal Analyses
Granting a trial judge discretion to appoint an interpreter for trial
Section 2000e-8 - Investigations
42 U.S.C. § 2000e-8 Cited 392 times 26 Legal Analyses
Authorizing the EEOC to "enter into written agreements" with state and local agencies to promote "effective enforcement" of the Act
Section 1602.14 - Preservation of records made or kept
29 C.F.R. § 1602.14 Cited 163 times 10 Legal Analyses
Exempting "seasonal" jobs from certain recordkeeping requirements

Okolie v. Laufer et al

35 Cited authorities

Holding that that the production of putative class members' names pursuant to Federal Rule 26 was not "within the scope of legitimate discovery."

Holding that destruction of evidence was "grossly negligent, if not reckless" where the defendant "failed to include [evidence from a key employee] in its preservation directive"

Holding it within district court's discretion to resolve ineffective assistance claim on basis of submitted papers, including trial counsel's detailed affidavit contradicting defendant's assertions

Holding that the district court erred in denying leave to amend because plaintiffs "were entitled to amend their complaint as a matter of right without leave of the district court"

Holding that the phrase "possession, custody, or control" as contained in Fed. R. Civ. P. 34 has been construed to include instances in which "a party has access and the practical ability to possess documents not available to the party seeking them."

Holding that employer liability could arise under the principles of Restatement 219 if: the employer was negligent or reckless; or the employee relied on the supervisor's apparent authority; or the supervisor was aided in his harassment by the existence of the agency relationship

Holding individual liable where “the evidence clearly demonstrates that [individual] was the ‘top man’ ... and the corporation functioned for his profit”

Holding that the ADEA does not make it "unlawful . . . for an employer to discharge an employee based on reasonable factors other than age" (citing the RFOA) and noting that cost and administrative convenience may provide two such reasons

Denying in part and granting in part DANY's motion to quash plaintiffs' subpoenas

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Adopting Fed.R.Civ.P. 37

Holding that a party may be barred from using a witness if it fails to disclose the witness

Granting equal rights to "make and enforce contracts" without regard to race

Holding that such a statement must merely be made by the party and offered against that party

Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

Granting a trial judge discretion to appoint an interpreter for trial

Authorizing the EEOC to "enter into written agreements" with state and local agencies to promote "effective enforcement" of the Act

Exempting "seasonal" jobs from certain recordkeeping requirements