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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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