Appellate Division affirms dismissal of claim under NJ Law Against Discrimination where plaintiff ignores legal process and discovery requirements.

In Ewa Fik-Rymarkiewicz vs. University of Medicine and Dentistry of New Jersey, et al., a recent unpublished decision of the Appellate Division, the court affirmed the dismissal of plaintiff’s complaint with prejudice due to plaintiff’s continuous failure to supply information in discovery and repeated noncompliance with related court orders. By way of background, plaintiff was a post-doctoral fellow employed by University of Medicine and Dentistry of New Jersey (UMDNJ). Plaintiff alleged that in January 2006 she filed an internal complaint with the company after experiencing harassment and discrimination based on her pregnancy, and then in September 2006, her employment was terminated. Subsequently, in October 2006, plaintiff filed a complaint against UMDNJ as well as her supervisors alleging, among other things, employment discrimination, hostile work environment and retaliation in violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49. The merits of plaintiff’s complaint, however, were never addressed because of plaintiff’s incessant failure to cooperate with the New Jersey Rules of Court related to discovery, which resulted in the dismissal of her complaint. This included plaintiff’s refusal to produce certain documentation requested by defendant’s counsel even after multiple court orders, plaintiff’s refusal to answer specific questions during her deposition, plaintiff’s cancellation of her court ordered deposition and plaintiff’s unilateral redaction of information on requested documentation that was deemed relevant by the court. This case demonstrates the importance of a client’s cooperation with their counsel and, further of the severe consequences to a lawsuit when an attorney fails to take control of their client throughout the litigation process. It is important for the client to rely upon the experience and knowledge of their attorney with regard to the process and procedures for litigation. DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum PC is a full service law firm in New Jersey which provides a broad range of legal services, including the representation of parties in employment matters. For additional information about the matters in this bulletin or in the firm’s Employment Practice, please contact Richard P. Flaum, Esq. The information contained in this blog is intended solely for informational purposes; it is a advertising publication of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer & Flaum P.C.This publication is intended to alert recipients of developments in the law and is not intended to provide legal counsel, advice or opinion on any specific facts or circumstances. The contents are intended as general information only. You are urged to consult a member of this firm or your own attorney concerning your particular situation and any specific legal questions you might have.  

CATEGORIES: Employment Law

DiFrancesco, Bateman, Kunzman, Davis, Lehrer & Flaum PC (http://www.dbnjlawblog.com) is a full service law firm in New Jersey which provides a broad range of legal services. For additional information about the matters in this bulletin or in the firm’s Employment Practice, please contact Richard P. Flaum, Esq.

The information contained in this blog is intended solely for informational purposes; it is a advertising publication of DiFrancesco, Bateman, Kunzman, Davis, Lehrer & Flaum P.C.This publication is intended to alert recipients of developments in the law and is not intended to provide legal counsel, advice or opinion on any specific facts or circumstances. The contents are intended as general information only. You are urged to consult a member of this firm or your own attorney concerning your particular situation and any specific legal questions you might have.