Plaintiff Sufficiently Pleaded School Engaged in 20-Year Harassment Campaign

Defendant Offeror Not Entitled to Legal Fees and Costs Under Offer of Judgment Rule Following Involuntary Dismissal

The issue before the court was when the timeframe for filing an interlocutory appeal of a class certification order could be extended under Federal Rule of Civil Procedure 23(f), which authorizes interlocutory review of orders "granting or denying class-action certification" of petitions filed within 14 days of the order. Here, petitioner filed a Rule 23(f) petition 14 days after the district court had revised its class certification order but months after the original order certifying the class. Respondent, who had received disabilit

Breach of contract and promissory estoppel claims seeking retiree benefits were not preempted by ERISA where employee had allegedly negotiated for reinstatement of benefits as if there was no break in service upon resuming employment following termination, thereby creating an independent legal duty for employer.

Appeals & Motions List released on:June 30, 2022

The court held that plaintiff who leased a dock from defendant proved that it was not a stevedore because it was not involved in the physical handling of cargo within the terminal property.

Buffalo Emergency Associates, LLP v. Aetna Health, Inc.

28 USC §1447(d), Rule Against Successive Removals Bar Review of Jurisdictional Issue

Healthcare Provider's Claim Against Insured Not Preempted by ERISA Where Parties Had Agreement Separate from Insurance Plan

Injunctive relief granted to preserve the status quo ante and prevent defendant from resorting to measures to force plaintiff to capitulate before a court could resolve the parties' dispute.