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

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-663 · judgment February 6, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 1% cert probability

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

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 Iqbal/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?

Counsel of record

For petitioner
Edward Scott Lloyd
Lloyd Law Group, PLLC

For respondent
Chloe K. Moon
New York City Law Department

Case

Conference history
Distributed for 1 conference

Linked docket
23A971

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Aug 21 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Jul 26 2024
    Waiver of right of respondents New York City Fire Department, Daniel A. Nigro, City of New York to respond filed.
  4. Jul 03 2024
    Petition for a writ of certiorari filed. (Response due August 12, 2024)
  5. Apr 30 2024
    Application (23A971) granted by Justice Sotomayor extending the time to file until July 5, 2024.
  6. Apr 27 2024
    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.