Fischman v. Mitsubishi Chemical Holdings America, Inc.
- Jesse Furman
- 1:18-cv-08188
- U.S. District Court · Southern District of New York
- 2
In Fischman v. Mitsubishi Chemical Holdings America, Inc., Judge Furman granted defendants’ summary judgment motion, allowing NYCHRL claims to be refiled in state court.
Jennifer S. Fischman’s NYCHRL claims were resolved in the defendants’ favor, with the judgment stating that those claims may be refiled in state court. The judgment also leaves open a possible future sanctions motion by the defendants.
What happened
In Fischman v. Mitsubishi Chemical Holdings America, Inc., the court entered judgment for the defendants after granting their motion for summary judgment. The judgment concerns Jennifer S. Fischman’s claims under the New York City Human Rights Law, referred to as NYCHRL claims.
The court stated that the NYCHRL claims could be refiled in state court. Fischman’s motions in limine were denied as moot. The court did not decide whether a Note was forged or whether sanctions were appropriate; defendants may pursue a sanctions motion after conferring with Fischman and proposing a briefing schedule. The case was closed.
Judge Jesse Furman’s judgment entered for the defendants on July 26, 2023. The judgment references a separate Opinion and Order explaining the reasons for the summary-judgment ruling, but that Opinion and Order is not included in the provided text.
The detailed version
- Fischman v. Mitsubishi Chemical Holdings America, Inc. · No. 1:18-cv-08188
- Jesse Furman
- July 26, 2023
Rulings
The judgment states that the defendants’ motion for summary judgment was granted. Summary judgment is a decision entered without a trial when the court determines that the case can be resolved based on the record under the applicable legal standards. The judgment specifically states that Fischman’s claims under the New York City Human Rights Law (NYCHRL) were granted without prejudice to refiling them in state court.
Fischman’s motions in limine were denied as moot. A motion in limine asks the court to decide before trial whether particular evidence may be used; the judgment does not provide further detail about those motions.
Sanctions Issue
The court had previously deferred defendants’ request for attorney’s fees as a sanction based on allegations that Fischman produced a forged Note. In this judgment, the court stated that it had doubts about both the Note’s authenticity and whether sanctions would be appropriate. The court also stated that it granted summary judgment without resolving whether the Note was authentic. The sanctions request was therefore not resolved in the provided judgment. If defendants wish to move for sanctions, the parties must confer and propose a briefing schedule within two weeks of the date of the Opinion and Order.
Disposition
Judgment was entered in the defendants’ favor, and the case was closed. The provided text does not explain the underlying reasons for granting summary judgment; it refers to a separate Opinion and Order dated July 26, 2023.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.