New York court rules in favor of Mercer Investment Consulting, Kaleida Health’s efforts to block subpoenas thwarted

In an effort to prevent subpoenas from being served on Mercer Investment Consulting and Nixon Peabody LLP, Kaleida Health was unsuccessful in its attempt to have the matter handled in its own court. However, the US District Court for the Western District of New York ruled that the case must be addressed in the Southern District of New York.

Magistrate Judge Jeremiah J. McCarthy noted that it is unclear from the record where the subpoena on Nixon Peabody should be handled. This decision allows participants in Kaleida’s pension plan to continue their efforts to obtain information from Mercer and Nixon Peabody through legal means.

Kaleida Health will have another opportunity to present their arguments in a different court if they decide to pursue further action to block the subpoenas. The ruling marks a setback for Kaleida’s efforts to keep sensitive information out of court, but it also opens up new avenues for them to pursue if they choose to do so.