United States Second Circuit

Summary judgment in favor of plaintiffs, in suit for declaratory and injunctive relief from enforcement of New York Labor Law section 211a, which restricts employers from spending monies derived from the State to hire employees or contractors to attempt to influence union organizing campaigns, is reversed as there are vital fact issues to be determined before decision on whether section 211a is limited to a restriction on use of State funds or it overreaches in an attempt to regulate employers' speech regardless of whether State funds are at issue.

Appellate Information

• Argued 02/10/2006
• Decided 12/05/2006
• Published 12/06/2006

Judges

• Before:  JACOBS, Chief Judge, WESLEY, and JOHN R. GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jeffrey J. Sherrin, Cornelius D. Murray, James A. Shannon, O'Connell and Aronowitz, P.C., for Plaintiffs-Appellees., Eliot Spitzer, Attorney General of the State of New York, Michelle Aronowitz, Deputy Solicitor General, M. Patricia Smith, Assistant Attorney General in Charge of Labor Bureau, with Seth Kupferberg, Assistant Attorney General, of Counsel, for Defendants-Appellants.