The Percy Program

It is a fight to level the playing field to be able to compete for jobs and careers on the basis of skills and make available apprentice training to all. In 1973 Al Percy launched a class action lawsuit to give workers like him a chance to better their lot in life. It would also ensure the availability of skilled workers to build the infrastructure of the future. Who is Al Percy? What is the lawsuit?

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1 year ago

US Court of Appeals Second Circuit Case 21-1564, Doc 6, Pre-Argument Statement on Appeal 07-12-2021

  • Text
  • Oriska
  • Plaintiff
  • Kernan
  • Defendants
  • Pageid
  • Removal
  • Corporation
  • Percy
  • Representatives
  • Plaintiffs
  • Appeals
  • Circuit

ong>Caseong> 1:ong>21ong>-cv-014ong>21ong>-NGG ong>Caseong> ong>21ong>-ong>1564ong>, ong>Docong>ument 6, 19 07/12/20ong>21ong>, Filed 05/27/ong>21ong> 3135847, Page Page16 8 ong>ofong> 27 ong>ofong> PageID 104 #: 2279 action. Eleven ong>ofong> these lawsuits (the “Federal Actions”) were originally filed in federal court. For the reasons stated below, each ong>ofong> the Removed Actions is RE- MANDED to New York Supreme ong>Courtong>, Oneida County and each ong>ofong> the Federal Actions is DISMISSED with prejudice. Requests made by counsel in the Removed Actions for attorneys’ fees and costs are GRANTED. Attorney James M. Kernan, counsel for the Class Representatives, is ORDERED to show cause within two weeks ong>ofong> the date ong>ofong> this Order, in writing, as to why he should not be referred to the Disciplinary Committee for this District in connection with his conduct in these lawsuits. PROCEDURAL BACKGROUND A. The Removed Actions The eighteen Removed Actions pending before this court 1 were initially filed in various New York State Supreme ong>Courtong>s. Oriska 1 Oriska Corp. v. Hodge, et al., ong>21ong>-cv-01999 (NGG); Oriska Corp. v. Willoughby Rehab. and Health Care Ctr., LLC, et al., ong>21ong>-cv-02006 (NGG); Oriska Corp. v. Brookhaven Rehab. and Health Care Ctr., LLC, et al., ong>21ong>-cv- 02031 (NGG); Oriska Corp. v. Little Neck Care Ctr., LLC, et al., ong>21ong>-cv-02034 (NGG); Oriska Corp. v. New Surfside Nursing Home, LLC-Caring Family Nursing & Rehab., et al., ong>21ong>-cv-02035 (NGG); Oriska Corp. v. West Lawrence Care Ctr., LLC, et al., ong>21ong>-cv-02039 (NGG); Oriska Corp. v. Golden Gate Rehab. and Health Care Ctr. LLC, et al., ong>21ong>-cv-02045 (NGG); Bay Park Ctr. for Nursing & Rehab. LLC, et al., v. Philipson, et al., 20-cv-06291 (NGG); Oriska Corp. v. Bayview Manor LLC, - South Point Plaza, et al., ong>21ong>-cv-02009 (NGG); Oriska Corp. v. Garden Care Ctr., Inc., et al., ong>21ong>-cv-02010 (NGG); Oriska Corp. v. Nassau Operating Co, LLC, et al., ong>21ong>-cv-020ong>21ong> (NGG); Oriska Corp. v. Park Ave. Operating Co. LLC, et al., ong>21ong>-cv-02022 (NGG); Oriska Corp. v. Parkview Care & Rehab. Ctr., et al., ong>21ong>-cv-02024 (NGG); Oriska Corp. v. Pinegrove Manor II, LLC,-Grace Plaza, et al., ong>21ong>-cv-02025 (NGG); Oriska Corp. v. Townhouse Operating Co., LLC-Townhouse Ctr. for Nursing et al., ong>21ong>-cv-02029 (NGG); Oriska Corp. v. Woodmere Rehab. and Health Care Ctr., Inc., et al., ong>21ong>-cv-02030 (NGG); Oriska Corp. v. Avalon Gardens Rehab. & Health Care Ctr., LLC et al., ong>21ong>-cv-02040 (NGG); Oriska Corp. v. North Sea Associates, LLC-The Hamptons Ctr., et al., ong>21ong>-cv-02050 (NGG). 8

ong>Caseong> 1:ong>21ong>-cv-014ong>21ong>-NGG ong>Caseong> ong>21ong>-ong>1564ong>, ong>Docong>ument 6, 19 07/12/20ong>21ong>, Filed 05/27/ong>21ong> 3135847, Page Page17 9 ong>ofong> 27 ong>ofong> PageID 104 #: 2280 Corporation (“Oriska”), an insurance company located in Oneida County in the Northern District ong>ofong> New York, is the plaintiff in seventeen ong>ofong> the eighteen Removed Actions. Oriska originally brought those and other related actions in Bronx, Kings, Nassau, Rensselaer, Richmond, Schenectady, Suffolk, and Westchester Counties against, inter alia, various healthcare and rehabilitation employer defendants (the “Healthcare Employers”). (See Oriska Corp. v. West Lawrence Care Ctr., ong>21ong>-cv-2039, Coordination Order (Dkt. 8-6) at 2-3; App’x A.) These Removed Actions are shareholder derivative suits seeking reimbursement ong>ofong> unpaid insurance premiums allegedly owed to Oriska’s former subsidiary, Oriska Insurance Corporation. Id. at 2. In the state court proceedings, the Employer Defendants disputed Oriska’s claims and argued that “most, if not all, ong>ofong> the plaintiff’s causes ong>ofong> action have already been adjudicated when similar claims were litigated by Oriska Insurance Company in the Supreme ong>Courtong> ong>ofong> Oneida County by Justice Patrick F. MacRae.” Id. at 3. Oriska moved to consolidate the cases in either Nassau or Kings County. Id. The Healthcare Employers agreed that consolidation was necessary but argued that they should be moved to Oneida County, where Oriska was located and where Oriska Insurance Company’s prior claims had been adjudicated. Id. The New York State Litigation Coordination panel agreed with the Healthcare Employers and, on April 30, 2020, the panel entered an order coordinating the actions and transferring them to Oneida County for pre-trial purposes pursuant to the Uniform Rules for New York State Trial ong>Courtong>s § 202.69. Id. at 4. The Coordination Order advised the parties that, after pre-trial discovery and decisions on any summary judgment motions, the plaintiff could choose to have a trial for each action in the county where it was originally filed. Id. 9

Tag-along Lawsuits against Putative Class Defendant Members: Decision Appealed, Response and Complaint