On August 6, 2012, Judge Victor Marrero substantially a denied a request by Defendants to reconsider the Court’s prior decisions upholding Plaintiffs’ negligence-based claims based on two recent opinions rendered by the U.S. Court of Appeals for the Second Circuit. In rejecting the Defendants’ attempt to revisit this issue, the Court found that Defendants’ arguments did not “compel[] dismissal of the Plaintiffs’ negligence-based Inducement Claims at this stage of the proceedings.”
The case remains in discovery and plaintiffs’ class certification motion is fully briefed and pending.