FKB’s Aaron M. Barham and Rahni Stewart secured a complete dismissal of a high-exposure legal malpractice action in Nassau County Supreme Court. The plaintiff, a former NYC employee, sought over $2 million in alleged lost salary and pension benefits stemming from the defendants’ representation in an underlying disciplinary hearing and subsequent federal lawsuit asserting First Amendment retaliation.

Following oral argument, Justice Gary Carlton granted FKB’s motion to dismiss in full, holding that plaintiff failed to plausibly allege proximate causation because plaintiff’s underlying federal claims would not have been successful under established First Amendment retaliation standards. In particular, FKB successfully argued that the plaintiff’s alleged speech did not address a matter of public concern and was made in his capacity as a public employee, placing it outside the protection of the First Amendment. The Court also found that the underlying employment termination was independently supported by detailed findings of serious workplace misconduct.

In addition, the Court rejected the attempt to expand the scope of the defendants’ written retainer agreements, holding that any obligation to assert Title VII claims or appeal the administrative decision exceeded the express, limited terms of the parties’ engagement. The plaintiff’s remaining breach of contract and fiduciary duty claims were dismissed as duplicative of the malpractice theory.

If you have any questions about this decision or FKB’s professional liability practice, please contact Aaron M. Barham or Rahni Stewart.