BPN represented a mediator/arbitrator who had been served with a subpoena for deposition and later sued for discrimination under various state statutes. Although the court initially denied a motion to dismiss the claims, Ms. Wiaderna filed a motion to reargue, demonstrating that the court had applied the incorrect legal standard.

The court granted the motion to reargue, adopting Ms. Wiaderna’s arguments, and upon reconsideration ultimately granted the underlying motion to dismiss. This victory resulted in the complete dismissal of the claims against BPN’s client.