Boniuk v. New York Medical College

MEMORANDUM OPINION AND ORDER

SOFAER, District Judge.

This case is a concrete instance of the misguided use to which parties and attorneys have occasionally put diversity jurisdiction. The plaintiff has filed a complaint alleging numerous grounds for relief. All but one are now conceded to be merit-less. The sole claim advanced in opposition to defendants’ motion to dismiss is that of an allegedly abusive discharge. New York law is applicable, and no established precedent in New York state courts recognizes the tort of abusive discharge. Some lower court decisions suggest that a trend exists…