LOS ANGELES–In yet another major legal setback for New York Life Insurance Company in the class action lawsuit filed by Armenian plaintiff–US District Judge Christina Snyder denied defense counsel’s request to appeal the ruling she ordered on Nov. 28.
In her previous ruling–Snyder had denied New York Life’s motion to dismiss the case due to improper venue.
Following this decision–on December 14–defense counsel filed an appeal to the US 9th district court.
At the time–commenting on the action taken by New York Life–plaintiffs’ lead attorney Mark Geragos responded by stating that "Plaintiffs have every right to have this matter swiftly–promptly and without further delay–adjudicated. An interlocutory appeal will further delay what has been an astounding abdication of (New York Life’s) obligation.
Without seeing any merits in indulging into oral argument–in her second judgment Judge Snyder "…finds that defendant’s motion to dismiss for improper venue–while involving a controlling question of law–does not concern issues as to which there is a substantial ground for difference of opinion–and that therefore an immediate appeal from the November 28–2001 Order will not materially advance the ultimate termination of the litigation."
Praising Snyder’s latest ruling–plaintiff attorney Vartkes Yeghiayan–who initiated the lawsuit–made the following comment: "We’ve been waiting for this day for a long time. We are ready and prepared to get into the next stage–which the discovery and trial. Unless of course–New York Life comes to its senses and offers a dignified settlement–which would be acceptable to the plaintiffs and the court."