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Atty's Letter Calling Opponent Racist Not Sanctionable

Law360, New York (September 9, 2015, 6:51 PM EDT) -- A lawyer’s letter calling his opposing counsel racist and discriminatory for inadvertently scheduling a site inspection in an employee’s $10 million injury suit against CSX Transportation Inc. during Rosh Hashana isn’t sanctionable, a New York federal judge said Wednesday, but cautioned the attorney to be more careful with his words.

U.S. Magistrate Judge Henry Pitman said he can’t sanction Philip Dinhofer for his letter calling CSX attorney Lawrence R. Baily Jr. racist and discriminatory because it wasn’t filed with the court and doesn’t violate a discovery...
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Case Information

Case Title

Whalen v. CSX Transportation, Inc.

Case Number



New York Southern

Nature of Suit

Federal Employer's Liability


Lorna G. Schofield

Date Filed

June 4, 2013

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