Baltimore Attorney
Lawyers in Baltimore Firm Profile Our Attorneys Links Contact Us
Practice Areas
Humphreys, McLaughlin & McAleer, LLC

Civil Case Update

Clay v. Consol Pennsylvania Coal Co., LLC, et. al.,(U.S. District Court of the Northern District of West Virginia, July 18, 2013)

The appeal arose out of an underlying lawsuit alleging racial discrimination, age discrimination and retaliation. Consol Pennsylvania Coal Co. ("Consol") objected to deposition questions pertaining to age discrimination due to the fact that the case only pertained to racial discrimination. On appeal, the U.S. District Court of the Northern District of West Virginia considered whether any action taken to limit the deposition topic(s) was proper.

At the time of the depositions, the claim for age discrimination had not yet been formally dismissed; therefore, the magistrate of the court below held that Consol was required to produce witnesses to testify regarding questions on both age and racial discrimination. However, an order dismissing the age discrimination claim was subsequently entered and the District Court determined that since any discovery regarding age discrimination was no longer relevant, discovery must therefore be limited. The order below was then modified to reflect that Consol was not required to produce any witnesses for the purpose of testifying on the issue of age discrimination and/or regarding litigation or claims against Consol involving allegations of age discrimination.

Attorney Web Design The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Address: 20 South Charles Street, Suite 701, Baltimore, MD 21201 Phone: 410-539-0906 Fax: 410-539-0922