| In Gender
Bias Case Against Mitsubishi Talk of
Withheld Notebooks, Junk Science,
Sanctions
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
August 5 – Jennifer S.
Fischman worked for Mitsubishi
Chemical Holdings America from
2008 into 2017 when she was
passed over for the General
Counsel position. She
sued.
On August 5, U.S. District
Court for the Southern
District of New York Judge
Jesse M. Furman held a
proceeding. Inner City Press
covered it.
Fischman's
lawyer began by raising Rule
11, saying that information
required to be turned over in
discovery had not been, for
example notebooks of human
resources manager Pat
Saunders.
Judge
Furman reminded that this was
a status conference, not the
time to argue a sanctions
motion. And why, he asked,
wasn't this under Rule 37,
discovery violations, and not
Rule 11?
The
proceeding was at odds with
recent reflections by SDNY
Judge Paul A. Engelmayer, that
lawyers are acting more
collegial during the COVID
pandemic. (He did qualify that
by saying, lawyers who know
each others, as for example in
the criminal law bar or fields
like maritime law.)
There was
talk of junk science, and a
number of lawyers from white
shoe firms on the line who did
not speak. Yet.
The case is
Fischman v. Mitsubishi
Chemical Holdings America,
Inc. et al., 18-cv-8188
(Furman)
***
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