Second Circuit: Cho et al. v. BlackBerry Ltd. et al.

 

Since the named members of a putative class didn't individually join the appeal, they can't participate in any action subsequent to the disposition of the appeal; they were not included in their capacity as others similarly situated, although they might have been included if the appeal had been filed by a putative representative et al.

Since the defendant added subsequent to the appeal was in privity with the original defendants and the cause of action arose from the same transaction or occurrence, res judicata prevents the named non-appellants from pursuing their claims against the new party.

Court did not abuse discretion in denying the motion to reconsider.

Cho et al. v. BlackBerry Ltd. et al.