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.
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