1. a. Why did this appeals court reverse the decision of the lower court?
b. Why was the case remanded to “a different justice”?
2. Did this decision conclude that the plaintiff had not been a victim of sexual harassment, wrongful dismissal, or the like? Explain.
3. According to this appeals court, what errors were made by the judge at trial?
Plaintiff alleges that he was verbally and physically abused by defendants because of his sexual orientation and then wrongfully discharged when he refused to voluntarily relinquish his position at the Supper Club.
The Supper Club is a dining and dancing establishment operated by defendant, Edison Associates, L.P. (hereinafter Edison), a limited partnership. Defendant Martin Theising is a partner in Edison and defendant Andre Cortez is the general manager of The Supper Club and is responsible for its day-to-day operations. Defendant Oliver Hoffman was an independent consultant to The Supper Club.