Yates v. Philip Morris Inc.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Plaintiff James B. Yates maintains he was wrongfully discharged by defendant Philip Morris, Inc. as a result of his race and national origin. Plaintiff sues under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., (1982), and under the Civil Rights Act of 1866, 42 U.S.C. § 1981.

Philip Morris now moves to dismiss plaintiff’s § 1981 claim on grounds of collateral estoppel, claiming that that cause of action was finally determined by a finding of “No Probable Cause” issued by the New York State Division of Human…