Tag Archives: Interlocutory Appeal

Judge Furman: Parties Cannot Circumvent Approval of FLSA Settlements with Rule 68 Offer of Judgment

In an opinion yesterday, Judge Furman weighed in on  — and certified for interlocutory appeal — an issue that has divided judges in the Southern District:  whether the requirement that FLSA settlements be approved by the DOL or the Court can be avoided by a settlement accomplished via a Rule 68 offer of judgment.  Because … Continue Reading

Judge Rakoff Stays Antitrust Action Against Uber Pending Appeal Over Arbitrability

As part of the ongoing Uber antitrust litigation, Judge Rakoff granted today the defendants’ request to stay the proceeding pending an interlocutory appeal of his prior order denying defendants’ motion to compel arbitration (see our coverage here). Judge Rakoff noted that the while the defendants had not made a “strong showing” that they would succeed on the … Continue Reading

Judge Rakoff Won’t Stay Petrobras Securities Trial, Calls Delay “Bane” of U.S. Legal System

Last week, Judge Rakoff denied a request from the defendants in a group of Petrobras securities cases to stay a September trial date pending the Second Circuit’s consideration of an interlocutory appeal of class certification.  The defendants argued that the Second Circuit appeal was on an expedited schedule, and that significant expense could be saved in the … Continue Reading

Judge McMahon Grants Interlocutory Appeal of Case Challenging Sirius Radio’s Right to Broadcast Songs Predating 1972 Copyright Act

In an opinion today, Judge McMahon granted an interlocutory appeal on the following question: Under New York law, do the holders of common law copyrights in pre-1972 sound recordings have, as part of the bundle of rights attendant to their copyright, the right to exclusive public performance of those sound recordings? She concluded, under the … Continue Reading
LexBlog