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Trial Materials

Trial Materials

Notice to Appear at Trial with Punitive Damages Documents, submitted by Michelle A. Reinglass. The employer is requested to produce documents about its financial condition for the punitive damages phase of the trial. A notice to appear with the most knowedgeable witness is used instead of a subpoena.

Trial Brief Supporting Request for Punitive Damages Documents, submitted by Michelle A. Reinglass.

Jury Questionnaire, Age Discrimination, submitted by Phil Horowitz.

In Limine Motion to Exclude Collateral Source Evidence, submitted by Lawrence D. Murray. Motion to preclude defendants from using evidence of collateral sources such as unemployment insurance, workers' compensation or disability benefits.

In Limine Motion to Exclude Evidence Other Disabled Accommodated, submitted by Michelle Ferber. In limine motion to exclude defendant's evidence that other disabled employees were allegedly accommodated, arguing that the evidence was hearsay and irrelevant to whether plaintiff was reasonably accommodated.

Trial Brief in Discrimination Case, submitted by Lawrence D. Murray. Detailed trial brief analyzing: (1) public policy underlying employment discrimination statutes, (2) liberal construction of scope of DFEH and Court complaints, (3) burden of proof and survey of admissible evidence for disparate treatment, disparate impact, hostile work environment, and retaliation theories of discrimination, and (4) the employer's liability for acts of its agents.

Trial Brief in Wage and Hour Case, submitted by Harvey Berger. This trial brief is in a class action lawsuit claiming failure to pay the minimum wage and overtime. Issues briefed include the public policy underlying wage and hour statutes, proof when employer violated duty to keep records, recovery of damages for a four year period using Business and Professions Code §17200, liquidated damages, waiting time penalties, prejudgment interest, and attorneys' fees.

Brief re: Jury Instructions, submitted by Paul Greenberg. Trial brief regarding two jury instruction issues: (1) the standard for a hostile environment in a harassment case, and (2) an employer's strict liability for the harassing actions of its manager.

California Employment Lawyers Association   •   Phone: (818) 703-0587   •   Fax: (818) 703-0591