New York Court of Appeals building in Albany. Photo: Ryland West/ALM Decisions: Primary Assumption of Risk Doctrine, Relation Back Doctrine, Long Arm Jurisdiction and Arbitration
This piece summarizes several significant civil procedure decisions handed down by the New York Court of Appeals during its 2022–23 term, including an important one revisiting the primary assumption of risk doctrine. We also discuss decisions addressing the CPLR's relation back doctrine, long arm jurisdiction under CPLR 302, and a dispute between the Baltimore Orioles and Washington Nationals stemming from an arbitration conducted by Major League Baseball.
August 21, 2023 at 09:57 AM
17 minute read
Civil Appeals
If you spent any time in Saratoga Springs this summer or followed this year's Triple Crown races, you were surely reminded of the mighty Secretariat. Fifty years ago, Big Red swept the three races in record times that still stand today and ended a 25-year Triple Crown drought. He graced the covers of three national magazines in a single week in 1973 while "moving like a tremendous machine" on the track and providing a welcome distraction from the Watergate scandal.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
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Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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