New York Court of Appeals Upholds Martin Rule Defense and Clarifies its Applicability to Duty of Fair Representation Claims

In a just‐issued major decision, the New York Court of Appeals upheld a union’s use of the so‐called Martin rule defense against the plaintiff’s duty of fair representation (“DFR”) claims. Under the Martin rule, an unincorporated association cannot be held liable unless the plaintiff alleges, and proves, that every member of the association authorized or ratified the allegedly wrongful conduct.

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