Carter Ledyard & Milburn has won dismissal of a malpractice suit by a client alleging the firm mishandled his wrongful termination action against Lehman Bros. A New York judge found that the plaintiff had not successfully alleged the firm caused him any losses.

Two 11th Circuit judges sounded open to the idea that bananas could be a tool of racial harassment in a case where a black plaintiff claims harassment drove him from his job at UPS Ground Freight, but the judges had other questions about the plaintiff’s case.

The 3rd U.S. Circuit Court of Appeals has decided a plaintiff’s federal claims are not precluded when the plaintiff puts the defendants in a state action on notice that the federal claims are being split off and the defense never objects.

A retailer’s belief that a security-camera recording will impeach a slip-and-fall plaintiff’s testimony is not grounds to delay its production in discovery, a federal judge held last week, rejecting Walmart’s request to withhold the evidence until the plaintiff’s deposition.

A New York appeals panel has affirmed the dismissal of a lawsuit filed by a former employee of a health management company who alleged he was fired because he is white, finding that the plaintiff had failed to rebut the company’s evidence that he was terminated for drinking and sleeping on the job.