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McGINTY v. NEW YORK

Docket No. 00-7189.

251 F.3d 84 (2001)

Mary McGINTY, as Administratrix of the Estate of Maureen Nash, and James Nash on behalf of themselves and all others similarly situated Plaintiffs-Appellants, v. State of NEW YORK, New York State and Local Employees Retirement System, and New York State Department of Taxation and Finance, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: May 22, 2001.

Attorney(s) appearing for the Case

James T. Towne, Jr., Albany, New York (Thorn Gershon Towne Tymann and Bonanni, LLP, Albany, New York, of counsel), for Plaintiffs-Appellants.

Laura Etlinger, Albany, New York (Eliot Spitzer, Attorney General of the State of New York, Nancy A. Spiegel, Daniel Smirlock, Albany, New York, of counsel), for Defendants-Appellees.

Before: CARDAMONE, SOTOMAYOR, and KATZMANN, Circuit Judges.

CARDAMONE, Circuit Judge:

The evolution of this appeal illustrates the potential consequences when a decree of the Supreme Court is applied retroactively to a different case open at the time it is issued. Just prior to the decree, plaintiffs were well on their way to recovering damages for age discrimination in pension benefits concededly committed by the State of New York. When the Supreme Court ruled, in another case, that states had sovereign immunity from suit...

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