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Brian Burke v. New York City Transit Authority, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-1753 · judgment February 12, 2019

Certiorari denied · January 13, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Pleading standards generally and/or for Title VII and/or 42 U.S.C. 1983 and/or ADA, with regards to pro se parties

  2. If a Defamation per se claim is blocked by First Amendment opinion status when the anonymous source holds facts unknown to reader.

  3. How false can a ‘fair and true report’ be under NYS Civil Rights Law 74.

  4. The pleading standards for Fair Labor Standards Act.

  5. The requirements to grant leave to amend.

  6. The requirements/pleading standards to get recognition of a claim of unconstitutionality for a state statute and/or requirements for leave to amend in that circumstance.

Counsel of record

For petitioner
Brian Burke

For respondent
Robert D. Balin
Davis Wright Tremaine, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 13 2020
    Petition DENIED.
  2. Dec 04 2019
    DISTRIBUTED for Conference of 1/10/2020.
  3. Nov 26 2019
    Waiver of right of respondents NYCTA, Nolan and Akselrod to respond filed.
  4. Nov 11 2019
    Waiver of right of respondents Kathianne Boniello, NYP Holdings, Inc. to respond filed.
  5. Jun 27 2019
    Petition for a writ of certiorari filed. (Response due November 29, 2019)