In the case of Lerner v. Casey et al., constituting the New York City Transit Authority, 1957, plaintiff Lerner sued for damages after falling on a staircase in a subway station operated by the New York City Transit Authority (NYCTA). The Supreme Court ruled against Lerner, stating that NYCTA was not liable as it had no actual or constructive notice of any dangerous condition on its premises. This ruling established an important precedent regarding liability and negligence claims against public entities like transit authorities. It clarified that these bodies are only responsible for injuries sustained due to hazardous conditions if they were aware or should have been aware of such conditions but failed to take appropriate action.

In the dissenting opinion for Lerner v. Casey, Justice Frankfurter expressed his disagreement with the majority's decision to overturn a New York law that allowed public employers to discharge employees who invoked their Fifth Amendment rights during investigations into alleged subversive activities. He argued that this case was not about punishing individuals for exercising constitutional rights but rather determining whether an employee’s refusal to answer questions relevant to job performance could be grounds for dismissal. He believed it was reasonable and necessary for public employers like the Transit Authority to ensure their employees were trustworthy and reliable, particularly in positions where they had access to sensitive information or resources. Furthermore, he contended that invoking the Fifth Amendment in such circumstances might reasonably raise doubts about an employee's reliability or trustworthiness. Therefore, he felt it should be within a public employer's discretion whether such behavior warranted termination.