Quimbee logo
DMCA.com Protection Status

Burns Jackson Miller Summit & Spitzer v. Lindner

451 N.E.2d 459 (1985)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

Burns Jackson Miller Summit & Spitzer v. Lindner

New York Court of Appeals

451 N.E.2d 459 (1985)

Facts

In April 1980, subway and bus transit workers in New York City went on strike. The law firm of Burns Jackson Miller Summit & Spitzer (Burns Jackson) (plaintiff) sued the Transport Workers Union of America, AFL-CIO (TWU), the Amalgamated Transit Union, AFL-CIO (ATU), Local 100 of the TWU, Locals 726 and 1056 of the ATU, and their respective officers (the transit unions) (defendants) in a class action to recover damages caused by the transit strike. Burns Jackson alleged that the transit strike was intentional and violated both § 210 of the Taylor Law (Article 14 of the Civil Service Law) and a preliminary injunction. A second action was brought in New York County by the law firm of Jackson, Lewis, Schnitzler, and Krupman (Jackson, Lewis) (plaintiff) against the TWU, its Local 100, and their respective officers. Jackson, Lewis’s action was not a class action, but it was removed to Queens and joined to Burns Jackson’s action. Their common cause of action was prima facie tort. The Taylor Law banned strikes by public employees, and Burns Jackson argued that a cause of action should not be denied because the injury-causing act was unlawful. The transit unions moved to dismiss for failure to state a cause of action. The special term court denied the motions, except as to Jackson, Lewis’s cause of action. On cross-appeals, the appellate division modified the order to dismiss both complaints in their entirety. Both Burns Jackson and Jackson, Lewis appealed.

Rule of Law

Issue

Holding and Reasoning (Meyer, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 603,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 603,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 603,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership