Bessemer Trust Co., N.A. v. Branin, No. 08-2462, involved an action alleging that defendant illegally solicited his former clients at plaintiff. The Second Circuit certified the following question to the New York Court of Appeals: "What degree of participation in a new employer's solicitation of a former employer's client by a voluntary seller of that client's good will constitutes improper solicitation?"
In Holster v. Gatco, Inc., No. 07-2191, a class action under the Telephone Consumer Protection Act (TCPA), the court affirmed the dismissal of the action for lack of subject matter jurisdiction where 1) to the extent that the Second Circuit's prior holding was based on treating the TCPA "as if it were a state law," Shady Grove's holding that Rule 23 generally preempts C.P.L.R. 901(b) abrogated the court's holding; and 2) the TCPA constituted a delegation by Congress to the states of considerable power to determine which causes of action lie under the TCPA.