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Lexis Nexis Deposing & Examining Employment Witnesses
Strategies, arguments, tips, examples, and more for questioning plaintiffs, supervisors, human resource managers, economists, statisticians, mental health experts, and vocational experts.
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James Publishing
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REVISION 11 HIGHLIGHTS
The new edition of Deposing and Examining Employment Witnesses is packed with new text, case notes, and forms to keep you on the cutting edge of the law and help you work more efficiently. The new materials cover a broad range of issues, including:
Governing Principles of Cross-Examination
- New Text: Practical tips for success in Zoom depositions.
- New Form: Motion in Limine to Permit Use of Video of ___’s Deposition.
Deposing and Examining the Plaintiff
- New Text: Prohibition of arbitration of sexual harassment and sexual assault claims; causation standard in employment discrimination cases; EEOC Guidelines on Telecommuting.
- New Case Notes re: paramour preference cases; establishing a same-sex harassment claim; determining “disability” in the Covid era.
- New Forms: Plaintiff’s Response to Motion for Summary Judgment in ADEA Retaliation Case; Plaintiffs’ Motion for Equal Pay Act Conditional Collection Action and Authorization of Notice for Expedited Discovery
Deposing and Examining the HR Expert
- New form: Motion to Exclude Plaintiff’s Human Resources Expert.
Deposing and Examining the Mental Health Expert
- New Case Note re: Recoverable damages in a Title VII retaliation case.
Deposing and Examining the Expert Economist
- New Text: Limits on economic damages (emotional distress) available under the Rehabilitation Act.
- New Text: Mitigation of damages and the scope of plaintiff’s responsibility to seek “substantially equivalent employment”: within a reasonable distance of home; by accepting a lower-paying job; by applying for an open position with the defendant-employer.
- New Form: Plaintiff’s Motion for Summary Judgment on Affirmative Defense of Mitigation of Damages.
Deposing and Examining the Labor Market Expert
- New Form: Plaintiff’s Daubert Motion to Exclude Defendant’s Labor Market Expert.
Deposing and Examining the 30(b)(6) Witness
- New Form: Plaintiff’s Motion for Sanctions Regarding Defendant’s Willful Destruction of Evidence.
Additional forms materials are available from James Publishing; access to those materials can be requested directly from James by following guidelines provided within the eBook or emailing forms@jamespublishing.com.
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