'Aghast' at Defenses, Judge Lets Harassment Case Proceed

, New York Law Journal

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With strong language and a swipe at defense counsel, a judge in Manhattan refused to dismiss a sexual harassment claim filed by a woman who said her boss exposed himself to her, propositioned her and made her stand next to him while he urinated.

Originally appeared in print as 'Aghast' at Defenses, Judge Lets Sex Harassment Case Proceed

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  • Ravi Batra

    Curious. In a motion to dismiss, the court, any court, must accept the factual allegations as true and treat a defendant‘s motion to dismiss, any defendant‘s motion to dismiss, as assuming the facts as true, there is still no case.

    How then can a defendant, any defendant, say the court was wrong to accept the plaintiff‘s facts as true when that is the very obligation the defendant imposes upon the court in a motion to dismiss?

    The mere fact that a case goes "media" doesn‘t permit any officer of the court to denigrate the process and devalue the judiciary‘s role.

    While a defendant, any defendant, has a right to appeal, it does not get to misinform the public as if a MTD was SJM.

    Dated: 6/2/14
    /s/
    Ravi Batra

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