Update in KANE vs DE BLASIO

from Michael Kane

12-31-21

The Second Circuit Court of Appeals issued an order stating that plaintiffs in KANE vs DE BLASIO and KEIL vs NYC cannot be terminated (or have any additional adverse action taken against them other than that already in place) pending further appearances. We have oral arguments scheduled for January 18th before the Second Circuit to try to get further relief.

This is the second injunction we have obtained, affirming that the court believes our cases are likely to succeed; although it is unclear what “success” will ultimately look like.

For everyone who is NOT a plaintiff, but has reapplied for a religious exemption to vaccination, my guess is that nothing is going to happen with your appeal until there is a final (or nearly final) ruling in these cases before the court. January should be a busy month for KANE vs DE BLASIO as the case is now situated to be amended to a class action lawsuit.

Stay tuned…

***

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7 thoughts on “Update in KANE vs DE BLASIO

  1. Why would the DOE show up in court on 1/18 without having ruled on any of the other 1,500 appeals?

    Won’t the judge be likely to tear them a new one given the fact that they’ll have had almost two months to rule on them?

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    1. I think no.

      NYC wants to deny nearly all who reapplied. But they want to do so with no repercussions. They are “testing” a strategy of denying 95% of the 15 named plaintiffs who reapplied for a third time and see if it flies in court before doing it to 1500

      That’s my guess

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  2. This is probably a silly question, but is it problematic that the suit is still called “Kane v. DeBlasio,” when we now have a new mayor? If not, why not?

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  3. I received a request from HR Dept. to answer several questions regarding my religious exemption appeal. They ask I do this by Jan. 14th for the city panel to consider when determining my case. Anybody else? Advice?

    Like

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