Judge Rakoff

Carrera v. Bally Total Fitness of Greater N.Y. (In re Bally Total Fitness of Greater N.Y.)

Plaintiffs, on behalf of themselves and all others similarly situated, appealed from an order of the bankruptcy court, which denied plaintiffs' motions to allow a class proof of claim, to grant class certification, and/or to lift the automatic stay so they could pursue their wage claims. Plaintiffs also requested that the court withdraw the reference to the bankruptcy court.
Ruling: 
Denial of class certification and disallowance of class proof of claim affirmed.
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Commercial case opionion summary, case decided on August 07,2009, LexisNexis #0909-005

RSM Richter Inc. v. Aguilar (In re Ephedra Prods. Liab. Litig.)

In consolidated products liability litigation in which numerous U.S. consumers sued a Canadian company that marketed a certain diet product in the U.S., petitioner, the monitor in a Canadian insolvency proceeding, moved for an order recognizing and enforcing an order of the Canadian insolvency tribunal that approved a claims resolution procedure for all creditor claims. Respondents, four U.S. claimants, objected to the order.
Ruling: 
Court may recognize and enforce foreign claims liquidation procedure that lacks trial by jury.
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