A trial court’s decision to exclude from evidence an email attachment containing anti-gay material that a defendant did not read or open was not a sufficient basis to grant a new trial for the plaintiff, the state Superior Court has said.

On Nov. 6, a unanimous three-judge panel of the Superior Court upheld the defense verdict in Thode v. Ladany, finding that the Northampton County Court of Common Pleas did not err in barring from trial an email that contained homophobic material. Judge Patricia H. Jenkins, who wrote the majority opinion, further held that Megan Thode, the plaintiff in the Title IX discrimination case, did not suffer due process violations that would require a new trial on the matter.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]