In an opinion today, Judge Furman certified for interlocutory appeal a question about calculating economic losses in the GM ignition switch litigation (covered here). One reason for doing so, he ruled, was that in the context of an MDL, where there are powerful pressures to settle, these sorts of questions would never otherwise be the subject of a final judgment that would be heard in an ordinary appeal:
Continue Reading Judge Furman: Interlocutory Appeals More Appropriate In MDL Context, Where Cases Are More Commonly Settled, Precluding Ordinary Appellate Review
Interlocutory Appeal
Second Circuit Reverses Judge Rakoff, Finds Uber Arbitration Clause is Enforceable
By Michael Keough on
As part of the ongoing Uber antitrust litigation, the Second Circuit yesterday reversed Judge Rakoff’s earlier ruling that the arbitration clause in Uber’s terms of service was not enforceable (see our previous coverage of Judge Rakoff’s decision here, and the interlocutory appeal here).
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Judge Furman: Parties Cannot Circumvent Approval of FLSA Settlements with Rule 68 Offer of Judgment
By Charles Michael on
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 Rule 68 is phrased in mandatory terms (when an offer is accepted, the “clerk must then enter judgment”), some courts have held that there is no room for judicial or DOL approval.
Judge Furman disagreed:
Continue Reading Judge Furman: Parties Cannot Circumvent Approval of FLSA Settlements with Rule 68 Offer of Judgment
Judge Rakoff Stays Antitrust Action Against Uber Pending Appeal Over Arbitrability
By Michael Keough on
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…
Judge Rakoff Won’t Stay Petrobras Securities Trial, Calls Delay “Bane” of U.S. Legal System
By Michael Keough on
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 event the case had to be re-tried. The plaintiffs opposed the stay, arguing that a delay amid Brazilian political upheaval (including issues of Petrobras’ viability) would only serve to prejudice the plaintiffs.
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Judge Furman: No Interlocutory Appeal for Employer Privilege Issue
By Michael Keough on
In a decision yesterday, Judge Furman declined to certify an interlocutory appeal on the question of whether an individual employee can force his former employer to waive privilege so the employee can assert an advice-of-counsel defense. Judge Furman had previously found that the employer cannot be forced to waive the privilege, and noted that an…
Judge McMahon Grants Interlocutory Appeal of Case Challenging Sirius Radio’s Right to Broadcast Songs Predating 1972 Copyright Act
By Charles Michael on
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 standards for interlocutory appeal, that there were substantial grounds for a difference of opinion on the issue:
Continue Reading Judge McMahon Grants Interlocutory Appeal of Case Challenging Sirius Radio’s Right to Broadcast Songs Predating 1972 Copyright Act