Judge Limits Evidence Ahead of Trial in Amazon Discrimination Lawsuit in New York

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1 min read
May 3, 2026

NEW YORK, NY — A federal judge has set key ground rules for an upcoming employment discrimination trial involving Amazon Web Services, excluding certain evidence while allowing others to proceed.

In a series of pretrial rulings, U.S. District Judge Colleen McMahon decided multiple motions filed by both sides in the case brought by David Breitling against Amazon Web Services and a company executive.

Prior Complaints and Third-Party Claims Barred

The court sided with the plaintiff on one major issue, blocking Amazon from introducing evidence about prior discrimination complaints allegedly made against Breitling. The judge ruled that such evidence would be irrelevant and unfairly prejudicial.

At the same time, the court granted Amazon’s request to exclude claims from other employees—such as unrelated gender discrimination allegations—finding they were not directly connected to Breitling’s case and could confuse a jury.

Punitive Damages Will Be Considered Together

Amazon had asked the court to separate (or “bifurcate”) any punitive damages decision from the main trial, meaning a jury would only consider those damages after deciding liability.

The judge rejected that request, allowing the jury to hear all aspects of damages together if the case proceeds that far.

Limits on Emotional Distress Testimony

The court also placed boundaries on Breitling’s testimony about emotional distress. While he can describe his own symptoms, he cannot offer medical diagnoses or expert opinions since no medical expert has been designated.

Some Issues Deferred Until Pretrial Conference

One motion—seeking to block testimony from certain third-party witnesses—was not decided yet. The judge said she will address that issue at a final pretrial conference after hearing more specifics.

Key Points
• Judge excluded prior complaints against plaintiff and unrelated claims from other employees
• Amazon’s request to split punitive damages phase denied
• Plaintiff may testify about emotional distress but not medical diagnoses

Case Moves Toward Trial

These rulings shape what evidence the jury will see as the case moves closer to trial, focusing the dispute on the specific allegations between Breitling and Amazon.

Current Status

The case remains active, with final evidentiary issues expected to be resolved at a pretrial conference before trial begins.

Phil Stilton

Phil Stilton is the Editor and Publisher of Shore News Network, an independent digital newsroom providing original reporting on New Jersey, national news, government, public policy, public safety, courts, and community affairs.

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