Cho v. BlackBerry Ltd., No. 19-3376 (2d Cir. 2021)
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Plaintiffs Cho and Ulug, individual named plaintiffs in a putative securities class action, appeal the district court's grant of judgment on the pleadings and dismissal of their claims against defendants. Plaintiffs argue that they should be permitted to rely on the successful appeal by the lead plaintiffs in this case, and that the district court erred in granting judgment on the pleadings and dismissing their claims.
The Second Circuit affirmed the district court's judgment and concluded that Federal Rule of Appellate Procedure Rule 3 requires that individual named plaintiffs in a class actions – who, unlike absent class members, have chosen to litigate their claims personally – indicate individually their intent to appeal; Cho and Ulug's failure to appeal the district court's first dismissal of their claims rendered that decision final as to them, and the district court properly dismissed their attempt to renew their claims after the lead plaintiffs successfully appealed; Cho and Ulug's claims against the newly added defendant are barred by res judicata; and the district court did not abuse its discretion in denying reconsideration.
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