ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

September 20, 2023

Former employees of a candidate's election campaign organization challenged their termination after the candidate's withdrawal from the campaign

Plaintiffs-Appellants in this appeal to the United States Court of Appeals, Second Circuit, are fifty former field employees of defendants "Michael Bloomberg and Mike Bloomberg 2020, Inc." [Campaign], which sought to promote and secure the Democratic presidential nomination for Michael Bloomberg.

Plaintiffs contended that Campaign recruited them to the job by promising employment through November 2020, but reneged on that promise when the Campaign dismissed Plaintiffs shortly after Bloomberg withdrew from the race in March of 2020. Plaintiffs, alleging "fraudulent inducement and promissory estoppel", challenged a federal district court’s dismissal of their complaint, with prejudice and without leave to amend.

The Circuit Court said it reviewed de novo "both the district court’s dismissal under Rule 12(b)(6) and its denial of the request to amend [the complaint] on the basis of futility," citing Chambers v. Time Warner, Inc., 282 F.3d 147,  and Panther Partners Inc. v. Ikanos Commc’ns, Inc., 681 F.3d 114.

Concluding that "(1) Plaintiffs are unable to prove the reasonable reliance required for their claims because of the at-will nature of their employment agreement,* and (2) Plaintiffs would not be able to survive dismissal even if granted leave to amend", the Circuit Court sustained the district court's ruling.

* A footnote, Footnote 4, in the Circuit Court's decision notes Campaign's offer of employment letter states “[t]he nature of your employment at the [Campaign] is and will continue to be ‘at will,’ as defined by applicable law, meaning that either we or you may terminate your employment at any time, with or without notice and with or without cause, for any reason or for no reason.” Further, observed the court, Campaign's employee handbook states “[y]our employment with the [Campaign] is ‘at will,’ which means that it is for no definite period of time, and may be terminated at any time by either you or the [Campaign], with or without cause, notice or procedural requirements.”

Click HERE to access the text of the Circuit Court's decision posted on the Internet.

 

September 19, 2023

A Veterans’ Day 2023 advisory memorandum has been issued by the New York State Department of Civil Service

The Department of Civil Service has issued Attendance and Leave Advisory Memorandum 2023-04 addressing Veterans’ Day, November 11, 2023, noting that a number of State Departments and  agencies have inquired about Veterans’ Day, which this year will fall on Saturday, November 11, 2023. 

The Department reports that it has been advised by the Office of Employee Relations that another day will not be designated to be observed as a holiday by State employees in lieu of November 11, 2023.

The text of Advisory Memorandum 2023-04 is posted on the Internet at: https://www.cs.ny.gov/attendance_leave/AdvMemo23-04.cfm

The Department of Civil Services has made a version of Advisory Memorandum 2023-04 available in PDF for those wishing to print it.

Click HERE to access the PDF version of Advisory Memorandum 2023-04 posted on the Internet.

Earlier Attendance and Leave bulletins issued by the Department of Civil Service are posted on the Internet at https://www.cs.ny.gov/attendance_leave/index.cfm .

 

 

 

September 18, 2023

Private entities and employees of private entities are typically not within the ambit 42 U.S.C. §1983 for the purposes of filing violation of civil rights complaints

The Plaintiff in this action appealed a federal district court’s dismissal of her 42 U.S.C. §1983 civil rights complaint. Plaintiff had sued a private hospital and a number of its employees [Respondents] for allegedly for violating her constitutional rights while involuntarily hospitalizing and medicating her.

A federal district court had dismissed Plaintiff's amended complaint as she failed to plead that Respondents were acting under color of state law and denied further leave to amend her complaint as futile.*

Reviewing a dismissal of a cause of action for failure to state a claim the Second Circuit Court of Appeals said it assumed "all well-pleaded allegations in the operative complaint are true and draw every reasonable inference in the plaintiff’s favor," citing N.Y. Pet Welfare Ass’n, Inc. v. City of New York, 850 F.3d 79. 

Further, observing that Plaintiff brought this action pro se, the Circuit Court pointed out that although pro se filings “must be construed liberally and interpreted to raise the strongest arguments that they suggest,” a pro se complaint "must still state a 'plausible claim for relief' to survive a Rule 12(b)(6) motion to dismiss."

Agreeing with the district court that Plaintiff’s complaint, which was premised on alleged constitutional violations by private parties, failed to demonstrate that Respondents were acting under color of state law, the Circuit Court explained that state action “requires both the exercise of some right or privilege created by the State and the involvement of a person who may fairly be said to be a State actor.” As a result, opined the Circuit Court, "a §1983 claim against a private actor will usually fail because private actors do not act under the color of state law, no matter how 'discriminatory or wrongful' their conduct might be."

The Circuit Court's decision notes that Plaintiff did not allege that the Defendants were state actors and "did not press any meaningful argument to that end on appeal". Although Plaintiff focused on the alleged severity and illegality of the Respondents' alleged misconduct, the Circuit Court said "even egregious acts cannot form the basis of a §1983 claim unless the defendant is also acting under color of state law."

Accordingly, the Circuit Court held the district court correctly dismissed Plaintiff's complaint and so doing "with prejudice" was also proper.

 * See Alicea v. Yang, No. 21-CV-1638 (KAD), 2022 WL 2527994.

Click HERE to access the Second Circuit Court's decision posted on the Internet.

 

September 17, 2023

New York Public Personnel Law e-books

NYPPL's Public Personnel Law e-books, described below, may be ordered from BookLocker, Inc. and other fine book stores.

The Discipline Book - Click HERE to access a free excerpt of the material presented in this e-book and other information.

A Reasonable Disciplinary Penalty - Click HERE to access a free excerpt of the material presented in this e-book and other information.

The Layoff, Preferred List and Reinstatement Manual - Click HERE to access a free excerpt of the material presented in this e-book and other information.

Disability Leave for fire, police and other public sector personnel - Click HERE to access a free excerpt of the material presented in this e-book and other information.

September 16, 2023

Justia's list of the most popular New York Law Blawgs "for all time"

Justia's lists 2,321 lawblogs in the United States, which includes 296 New York lawblogs. Justia's September 16, 2023 national rank of the 20 most popular New York's lawblogs for "all time" are shown below: 

Real Estate Law Blog [Feed]
Includes news, cases and commentary on real estate and property law in New York and nationwide. By Newman Ferrara LLP.
Last Updated: September 15, 2023 - Rank this Week: 5
 
New York Supreme Court Criminal Term Library [Feed]
News and information gateway to web based services provided by the New York State Supreme Court Criminal Term Library in New York County.
Last Updated: December 14, 2010 - Rank this Week: 26
 
New York Public Personnel Law [Feed]
Provides summary and commentary on selected court and administrative decisions and related matters affecting public employers and employees in New York State. By Harvey Randall, Esq.
Last Updated: September 15, 2023 - Rank this Week: 36
 
New York Attorney Malpractice Blog [Feed]
Covers legal malpractice basics, cases and news. By Andrew Lavoott Bluestone.
Last Updated: September 15, 2023 - Rank this Week: 125
 
New York Criminal Lawyer Blog [Feed]
Covers New York criminal law topics such as criminal procedure, DWI and traffic offenses, drugs and narcotics, fraud related offenses, and violent crimes. By Jeremy Saland.
Last Updated: August 5, 2023 - Rank this Week: 142
 
Copyright Litigation Blog [Feed]
Review of copyright law, copyright litigation, art litigation and relevant current events. Discussions of recent case law and federal rules of civil procedure. By Ray Dowd.
Last Updated: July 11, 2020 - Rank this Week: 151
 
Criminal Law Library Blog [Feed]
Covers criminal law, information technology and news for law librarians. By David Badertscher.
Last Updated: September 15, 2023 - Rank this Week: 165
 
Clancco: Art & Law [Feed]
Covers the relationship between art and law with a focus on intellectual property, nonprofit tax-exempt organizations, free speech, and contemporary art. By Sergio Muñoz Sarmiento.
Last Updated: March 28, 2022 - Rank this Week: 182
 
Coverage Counsel [Feed]
Covers New York insurance coverage cases and issues. By Roy A. Mura.
Last Updated: June 29, 2023 - Rank this Week: 244
 
New York Law Notes [Feed]
Provides a summary of an Appellate Division case of special interest to New York practitioners.
Last Updated: September 14, 2023 - Rank this Week: 250
 
New York Personal Injury Law Blog [Feed]
Covers the civil justice system, New York Courts, injury law cases and news. By Eric Turkewitz.
Last Updated: June 18, 2021 - Rank this Week: 286
 
Sui Generis--a New York law blog [Feed]
Offers commentary on civil rights issues, recent decisions and other areas of interest to New York civil litigators and criminal practitioners. By Nicole L. Black.
Last Updated: September 12, 2023 - Rank this Week: 290
 
CFTC Law [Feed]
Covers futures, commodities and forex regulation. By Shipkevich Law Firm.
Last Updated: September 13, 2023 - Rank this Week: 345
 
Securities Law Blog [Feed]
Features news, commentary and thoughts on the law of the securities markets. By Mark Astarita.
Last Updated: September 15, 2023 - Rank this Week: 354
 
Whistleblower News [Feed]
Cover qui tam law and the process of bringing a case. By Getnick & Getnick.
Last Updated: September 15, 2023 - Rank this Week: 370
 
Immigration News Blog [Feed]
Covers immigration law, news and commentary. By Matthew L. Kolken.
Last Updated: April 11, 2019 - Rank this Week: 423
 
New York Business Divorce [Feed]
Covers dissolution and other disputes among New York corporations, LLCs and partnerships. By Peter A. Mahler.
Last Updated: September 11, 2023 - Rank this Week: 445
 
NY Divorce Attorney Blog [Feed]
Covers New York divorce law. By David Centeno.
Last Updated: May 11, 2023 - Rank this Week: 452
 
Restaurant Worker News Blog [Feed]
Covers employment law issues in the restaurant industry. By Berke-Weiss & Pechman LLP.
Last Updated: December 22, 2017 - Rank this Week: 458
 
New York Criminal Lawyer Blog [Feed]
Covers criminal law topics. By Stephen Bilkis & Associates
Last Updated: October 8, 2019 - Rank this Week: 461
 
Click HERE to access the complete list of "New York Blawgs" listed by Justia.

 

 

 
 

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com