Nicholas D. Weir v. Montefiore Medical Center, et al.
SocialSecurity DueProcess EmploymentDiscrimina
Does a district court judge's misunderstanding of the initial timeline that establishes a retaliation claim (under 42 U.S.C. § 2000e) not considered a harmless error under FRCP rule 61 and thus presents an arguable basis in law and in fact in contrast the generic ruling occasionally used as an alternative for keenly combing through all the facts?
QUESTIONS PRESENTED Does a district court judge’s misunderstanding of the initial timeline that establishes a retaliation claim (under 42 U.S.C..§ 2000e) not considered a harmless error under FRCP rule 61 and thus presents an arguable basis in law and in fact in contrast the generic ruling occasionally used as an alternative for keenly combing through all the facts? Can or should a district court rule on a timely FRCP rule 60(b) motion that includes a harmful error affecting substantial rights that is pending in appeal court without a conjunctive FRCP 62.1 motion? ii