Legal Opinion
McConchie v. Wal-Mart Stores, Inc.
District Court, N.D. New York
Decided November 17, 1997No. 1:96-cv-01776PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM, DECISION AND ORDER
McAVOY, Chief Judge.
This diversity action presents the narrow issue of whether, under New York law, an employer’s termination of a licensed pharmacist for disobeying a directive that the pharmacist believed to be unethical and illegal is actionable as a breach of contract based upon an implied-in-law obligation.
I. BACKGROUND
A. Facts
The facts in this case, for the most part, are undisputed, and because plaintiff failed to file a Rule 7.1(f) Statement, he is deemed to have admitted the material facts set forth in defendant’s statement. See Local Rule 7.1(f).
Plaintif…
2Cases cited25 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Murphy v. American Home Products Corp.New York Court of Appeals · 1983
- Grishelda Bryant v. John J. Maffucci, Dawn Thackeray, Yvonne Powell, Norwood Jackson and Dr. Edward AllanCourt of Appeals for the Second Circuit · 1991
- Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
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3Cited by3 opinions
- Horn v. New York TimesNew York Supreme Court · 2000
- Horn v. New York TimesAppellate Division of the Supreme Court of the State of New York · 2002
- Horn v. New York TimesAppellate Division of the Supreme Court of the State of New York · 2002