HARPER v. MISITANO

Anthony Misitano and Post Acute Medical, LLC, the defendants, filed a move to dismiss, and the court has decided on it. The fact that the court approved the motion to dismiss shows that it agreed with the defendant’s contention that certain of the plaintiff’s claims shouldn’t be tried.

With prejudice, the court has specifically rejected the plaintiff’s Title VII suit against defendant Anthony Misitano. In other words, the plaintiff is barred from bringing this issue up in the future. Regarding employment discrimination based on race, color, religion, sex, or national origin, Title VII is a federal statute.

The plaintiff’s intentional infliction of mental distress suit against Post Acute Medical and Anthony Misitano is also rejected without prejudice. “Without prejudice” in this case refers to the plaintiff’s right to resubmit this claim at a later time.

The judgment in this case is shown by the order, which was signed by Honorable Yvette Kane on August 22, 2016. The order most often includes further information that clarifies the conclusion, such as legal justifications or justifications for rejecting each claim.

As a consequence of the court granting the defendant’s request to dismiss, Anthony Misitano’s Title VII claim has been dismissed with prejudice, and the intentional infliction of emotional distress claim against both defendants has been dismissed without prejudice.