DECISION in KANE vs. NYC DOE

12-15-20

by Michael Kane

I received the following email from our attorney Michael Sussman around noon today regarding a decision in our case KANE vs. NYC DOE. This is good news. Not perfect news, but good news. I will be publishing more on this within the next couple of days:

The below was written by Michael Sussman:

The judge has heard the matter.  I argued our case and the city lawyer started by saying the dispute was moot, claiming the contract we have says what we want it to say. The judge said this is a question of semantics and the issue should be clarified in a plain English and instructed me to draft an order which will make clear that no sample may be used for any purpose other than results and all must be destroyed, not used for any other purpose. This must be signed by Fulgent and the Department of Education.  The city and I were given two days to iron out that language. The judge made clear that NO CHILD OR STAFF CAN BE EXCLUDED from school for failing to sign consent until this is done…CONGRATS

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To read summary of the case KANE vs. NYC DOE go HERE