No. 24-30

John Garland, et al. v. New York City Fire Department, et al.

Lower Court: Second Circuit
Docketed: 2024-07-11
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure discovery due-process employment-law federal-rules motion-to-dismiss plausibility plausibility-requirement pleading-standards pleadings
Key Terms:
Antitrust DueProcess
Latest Conference: 2024-09-30
Question Presented (AI Summary)

When are pleadings sufficient to state a claim under Iqbal/Twombly standards?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. When are pleadings sufficient to state a claim under the standard set in Ashcroft v. Iqbal, 556 U.S. 662 (2009) and applied in a broader context in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)? Did the courts below apply that standard appropriately here, where the Court found that the plaintiffs failed to plead information that was, by its nature, available to plaintiffs only after discovery? Is it time for the Court to revisit the controversial Iqgbal/Twombly pleading standards or limit their application? 2. Have employees who received a hearing only after an adverse employment action received adequate due process when they did not have an opportunity to challenge a new work requirement before being suspended for not meeting that requirement? 3. When is it proper for a court to deny leave to amend? Did the courts below deny it appropriately in this case, where the court indicated that plaintiffs pled a plausible case for violation of state law, but did not include stand-alone state law claims, and where the court acknowledged that a sham process for religious accommodations to a vaccine mandate would violate due process, and plaintiffs described the process and implied that it was a sham, but did not use the word “sham” to describe it until their reply brief?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-21
DISTRIBUTED for Conference of 9/30/2024.
2024-07-26
Waiver of right of respondents New York City Fire Department, Daniel A. Nigro, City of New York to respond filed.
2024-07-03
Petition for a writ of certiorari filed. (Response due August 12, 2024)
2024-04-30
Application (23A971) granted by Justice Sotomayor extending the time to file until July 5, 2024.
2024-04-27
Application (23A971) to extend the time to file a petition for a writ of certiorari from May 6, 2024 to July 5, 2024, submitted to Justice Sotomayor.

Attorneys

John Garland, et al.
Edward Scott LloydLloyd Law Group, PLLC, Petitioner
Edward Scott LloydLloyd Law Group, PLLC, Petitioner
New York City Fire Department, Daniel A. Nigro, City of New York
Chloe K. MoonNew York City Law Department, Respondent
Chloe K. MoonNew York City Law Department, Respondent