Comments on: Supreme Court Appointee Sotomayor’s Judicial Record in Class Actions

By: Reports on Judge Sotomayor’s Record : SCOTUSblog

Reports on Judge Sotomayor’s Record : SCOTUSblog — Tue, 07 Sep 2010 04:23:31 +0000

[...] Supreme Court Appointee Sotomayor’s Judicial Record in Class Actions [...]

By: Elena Kagan and Class Actions « ClassActionBlawg.com

Elena Kagan and Class Actions « ClassActionBlawg.com — Wed, 19 May 2010 03:34:29 +0000

[...] When the Supreme Court nomination of then-Judge Sonia Sotomayor was announced, I put together this summary of her fairly significant judicial record on class action issues. Finding any record on class [...]

By: Reports on Judge Sotomayor’s Record | SCOTUSblog

Reports on Judge Sotomayor’s Record | SCOTUSblog — Tue, 07 Jul 2009 19:08:59 +0000

[...] Supreme Court Appointee Sotomayor’s Judicial Record in Class Actions [...]

By: JC

JC — Wed, 27 May 2009 22:21:48 +0000

With respect to the Visa Check case, it is clear in that opinion that she (and the rest of the panel) considers herself bound by Judge Newman’s earlier opinion in Caridad. In fact, I would characterize Visa Check as trying to push back against Caridad a little, but mostly just following and applying the “some showing” standard. As you point out, she joined in Judge Newman’s sub silencio overruling of his own Caridad decision a few years later in In re IPO. I’ve always intepreted Visa Check as a sign that she is actualy fairly cautious, or even timid, with respect to precedent.

By: More on Sotomayor and Class Actions « ClassActionBlawg.com

More on Sotomayor and Class Actions « ClassActionBlawg.com — Wed, 27 May 2009 15:38:27 +0000

[...] 27, 2009 by Paul Karlsgodt To follow up with yesterday’s CAB entryon Supreme Court Nominee Sonia Sotomayor, here are some key quotes from other entries from around [...]

By: BillR.

BillR. — Wed, 27 May 2009 13:40:00 +0000

Thank you for the research and time you put into this. On the nomination, I cannot disagree more – bad choice. If the nominee were chosen from the Republican party & had said such things on tape as “All of the legal defense funds out there, they’re looking for people with Court of Appeals experience. Because it is — Court of Appeals is where policy is made” he or she would not have made it through yesterday’s press conference let alone a Senate confirmation. The double-standard is ridiculous.
And on her record of cases before the US Supreme Court?

Cases Reviewed by the Supreme Court

• Ricci v. DeStefano 530 F.3d 87 (2008) — decision pending as of 5/26/2009

• Riverkeeper, Inc. vs. EPA, 475 F.3d 83 (2007) — reversed 6-3

• Knight vs. Commissioner, 467 F.3d 149 (2006) — upheld, but reasoning was unanimously faulted

• Dabit vs. Merrill Lynch, 395 F.3d 25 (2005) — reversed 8-0

• Empire Healthchoice Assurance, Inc. vs. McVeigh, 396 F.3d 136 (2005) — reversed 5-4 (Dissenting: Breyer, Kennedy, Souter, Alito)

• Malesko v. Correctional Services Corp., 299 F.3d 374 (2000) — reversed 5-4 (Dissenting: Stevens, Souter, Ginsburg, Breyer)

• Tasini vs. New York Times, et al, 972 F. Supp. 804 (1997) — reversed 7-2 (Dissenting: Stevens, Breyer)

By: Dan Butterworth

Dan Butterworth — Wed, 27 May 2009 04:44:34 +0000

This is an excellent overview of her case history regarding class action suits, and I appreciate that a judge recommended to the highest court in the land seems to judge each case on its own merits, at least seemingly upholding the law rather than some philosophical bias toward the law.

I also appreciate the unbiased tone of the article. That tone is, of course, amplified by the several summaries of actual cases tried by and statements made by Judge Sotomayor. This is what journalism should always be like. Thanks, Paul.