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Employment Litigation in New York (Vol. 13, New York Practice Series)

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Index »Index »Table of Contents »2011-2012 Supplement Front Matter »Summary of Contents »Table of Authorities »

Employment Litigation in New York (Vol. 13, New York Practice Series)

By Kenneth W Taber

Last Updated: 11/8/2011

Availability: In Stock Details

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Series: New York Practice Series

Brand: Thomson West

Components: 1 CD-ROM 1 Print

Free Update Period: 90 days

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Description

Leading New York attorneys advise on all stages of employment litigation in this comprehensive book. Coverage includes federal and state statutory and case law; the Family and Medical Leave Act; antidiscrimination laws; common law governing breach of employment contracts; conducting discovery; noncompetition agreements; arbitration and other methods of alternate dispute resolution; and an analysis of the impact of the Federal Rules of Civil Procedure and local variations on those rules. More than 40 forms for constructing complaints alleging federal, state, and local law causes of action are included in print and on disk.

Features

Chapters are organized by topic for easy reference
Covers the full range of employment-related statutory and case law
Timesaving forms may be printed from disk and customized to fit individual need

Summary Of Contents

Chapter
1. Retention of Plaintiff's Counsel and Counsel's Pre-Claim Fact Investigation
  - Appendix 1.A Prospective Client Questionnaire
  - Appendix 1.B Form Retainer Agreement
2. Administrative Practice and Procedure
  - Appendix 2.A Work-Sharing Agreement Between the EEOC and the N.Y. State Division of Human Rights
  - Appendix 2.B Work-Sharing Agreement Between the EEOC and the City Commission on Human Rights
  - Appendix 2.C EEOC's National Enforcement Plan
3. Pleadings
4. Fact Investigation and Discovery
  - Appendix 4.A Order of the Eastern District of New York
  - Appendix 4.B Civil Justice Expense and Delay Reduction Plan of the Eastern District of New York (December 17, 1991)
  - Appendix 4.C Order Extending the Civil Justice Expense and Delay Reduction Plan of the Eastern District of New York
  - Appendix 4.D Order of the Eastern District of New York Extending Mandatory Automatic Disclosure Requirements
  - Appendix 4.E Rule 49 of the Southern District of New York
  - Appendix 4.F Civil Justice Expense and Delay Reduction Plan of the Southern District of New York
  - Appendix 4.G Second Annual Assessment of the Southern District Civil Justice Reform Act Advisory Group
  - Appendix 4.H Selected Local Rules of the Western District of New York
  - Appendix 4.I Standing Orders on Effective Discovery of the Eastern District of New York
  - Appendix 4.J Selected Local Rules of the Northern District of New York
  - Appendix 4.K Rule 46 of the Southern District of New York
  - Appendix 4.L Sample Plaintiff's Interrogatories
  - Appendix 4.M Sample Defendant's Interrogatories
  - Appendix 4.N Sample Plaintiff's Document Requests
  - Appendix 4.O Sample Defendant's Document Requests
5. Motion Practice
  - Appendix 5.A Notice of Removal
6. Settlement
  - Appendix 6.A Form Severance Policy
  - Appendix 6.B Form Release for Employees Age 40 and Older
  - Appendix 6.C Form Release for Employees Younger Than Age 40
  - Appendix 6.D COBRA Statutory Provisions
  - Appendix 6.E Form Settlement Agreement
  - Appendix 6.F Class Retainer Form
  - Appendix 6.G Class Complaint
  - Appendix 6.H Consent Decree
  - Appendix 6.I Stipulation to Entry of Consent Decree
  - Appendix 6.J Memorandum in Support of Approval of Consent Decree
  - Appendix 6.K Order Preliminarily Approving Consent Decree
  - Appendix 6.L Notice to Class
  - Appendix 6.M Notice for Publication
  - Appendix 6.N Form for Objections to Consent Decree
  - Appendix 6.O Order Approving Consent Decree
  - Appendix 6.P Notice and Claim Form
  - Appendix 6.Q Report to Court re Claim Procedure and Proposed Distribution
  - Appendix 6.R Order Approving First Distribution
  - Appendix 6.S Report to Court re Final Distribution
  - Appendix 6.T Order Approving Final Distribution
7. Trial
  - Appendix 7.A.1 General/Preliminary Instructions—The Role of the Court and the Jury
  - Appendix 7.A.2 General/Preliminary Instructions—Jury Should Not Be Swayed by Sympathy for the Plaintiff
  - Appendix 7.A.3 General/Preliminary Instructions—Jury Limited to Consideration of the Evidence in the Case
  - Appendix 7.A.4 General/Preliminary Instructions—Credibility of Witnesses
  - Appendix 7.A.5 General/Preliminary Instructions—Level of Proof Required
  - Appendix 7.A.6 General/Preliminary Instructions—Jury Deliberations
  - Appendix 7.A.7 Title VII—Intent to Discriminate
  - Appendix 7.A.8 Sexual Harassment (General)
  - Appendix 7.A.9 Sexual Harassment—Employer Liability
  - Appendix 7.A.10 Retaliation—General Standards
  - Appendix 7.A.11 Retaliation—Employer's Presentation of Legitimate, Non-Discriminatory Reasons
  - Appendix 7.A.12 Retaliation—Plaintiff's Burden of Proving Pretext
  - Appendix 7.A.13 Sex Discrimination—Plaintiff's Burdens of Proof
  - Appendix 7.A.14 Dual Motive Cases—Burdens
  - Appendix 7.A.15 Use of Statistical Evidence
  - Appendix 7.A.16 ADEA—General Standards
  - Appendix 7.A.17 ADEA—Plaintiff's Burden of Proof
  - Appendix 7.A.18 ADEA—Plaintiff's Initial Burden
  - Appendix 7.A.19 ADEA—Damages—Willful Violations
  - Appendix 7.A.20 Section 1983 Actions—General Elements of Proof and Burdens of Proof
  - Appendix 7.A.21 Section 1983 Actions—General Purposes of the Statute
  - Appendix 7.A.22 Section 1983 Actions—Burden of Proof
  - Appendix 7.A.23 Section 1983 Actions—Under Color of State Law
  - Appendix 7.A.24 Section 1983 Actions—Deprivation of a Right
  - Appendix 7.A.25 Section 1983—Proximate Cause and Supervisory Liability
  - Appendix 7.A.26 Section 1983—Supervisory Officials
  - Appendix 7.A.27 Section 1983—Good Faith Immunity of Government Officials and Agents
  - Appendix 7.A.28 Damages—General Standards
  - Appendix 7.A.29 Damages—Compensatory Damages
  - Appendix 7.A.30 Damages—Causation
  - Appendix 7.A.31 Damages—Nominal Damages
  - Appendix 7.A.32 Damages—Speculative Damages
  - Appendix 7.A.33 Damages—Calculation
  - Appendix 7.A.34 Damages—Punitive Damages (Generally)
  - Appendix 7.A.35 Miscellaneous Charges—Constructive Discharge
  - Appendix 7.A.36 Miscellaneous Charges—Intentional, Willful, or Reckless Conduct
  - Appendix 7.A.37 Miscellaneous Charges—Recklessness
  - Appendix 7.A.38 Miscellaneous Charges—Gross Negligence
  - Appendix 7.A.39 Final Instruction—Deliberations of the Jury
  - Appendix 7.A.40 Human Rights Law—General Instruction
  - Appendix 7.A.41 Human Rights Law—Intent to Discriminate
8. Damages
9. Attorneys' Fees
  - Appendix 9.A Rule 68 Offier of Judgment
10. Alternative Dispute Resolution
  - Appendix 10.A Agreement to Submit Pending Dispute to Binding Arbitration
  - Appendix 10.B Employment Contract Clause Providing for Arbitration of Employment Discrimination Claims
  - Appendix 10.C Model Arbitration Agreement
  - Appendix 10.D Motion to Compel Arbitration
  - Appendix 10.E Motion to Vacate Arbitration Award

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