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Zarda v. Altitude Express

In a suit brought by a skydiver who alleges that he was fired from his job as a skydiving instructor because of his sexual orientation, asserting that he was discriminated against in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e et seq., and New York law, the district court's judgment is affirmed where: 1) a panel of this Court could not overturn another panel's decision in Simonton v. Runyon, 232 F.3d 33 (2d Cir. 2000), which declined to hold that discrimination based on sexual orientation constituted discrimination based on sex for purposes of Title VII; and 2) plaintiff's argument that he is entitled to a new trial on his state-law claim because of alleged evidentiary errors, unfair discovery practices, and prejudicial arguments to the jury based on gay stereotypes is without merit.