Fahs Construction Group, Inc. v. Gray

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting form of speech was “exclusively nonpublic” where plaintiff “availed itself of a dispute resolution mechanism entirely internal to [the Department of Transportation]”
• declining to consider affidavit submitted in response to motion to dismiss because it was not attached to or incorporated by reference in the complaint
• declining to judicially notice records “not prepared for review for the general public and [that] could be obtained only by a time-consuming response to a FOIL request”
• “The statute of limitations on an Equal Protection claim brought in New York under 42 U.S.C. § 1983 is three years.”
• “We need not reach the balancing portion of the Pickering test here because [the independent contractor’s] speech was not on a matter of public concern.” (quotation marks omitted)
• “[W]here a plaintiff challenges a continuous practice and policy of discrimination ... the commencement of the statute of limitations period may be delayed until the last discriminatory act in furtherance of it.”

Source: CourtListener parenthetical corpus (CC0).