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First Obama Supreme Court Nominee - Sonia Sotomayor

By Michael W. Fox, Esq.

President Obama makes the first of what is expected to be multiple Supreme Court nominations by going to a jurist with a long history, Judge Sonia Sotomayor from the 2nd Circuit Court of Appeals. Although he had talked of selecting someone who had not been a judge, instead his choice has a long track record. She was initially appointed to the district bench in 1991 by the first President Bush and then elevated to the appellate court in 1997 by President Clinton.

She fills the 'singles' seat being vacated by Justice Souter, although unlike Souter she is divorced. Although I have not checked all the biographies, I believe if confirmed she will be the only current justice who has served on the trial bench. (Justice Souter had also served on a state trial bench).

Given her long judicial history, her confirmation hearings will no doubt be full of talk about various decisions. A quick search of the BNA labor and employment library shows more than 100 labor and employment opinions in cases heard by Justice Sotomayor.

Although Judge Sotomayor was part of the 3 judge panel that affirmed the district court's opinion in the New Haven police department case which will be decided this term by the Supreme Court, she did not author an opinion. She also voted against hearing the case en banc.

Here is a first quick list of opinions that Judge Sotomayor has authored in employment law cases on the 2nd Circuit. Time permitting I will add district court opinions and links.

2nd Circuit opinions:

1. Singh v. City of New York, 524 F.3d 361 (2nd Cir. 4/29/08) - An FLSA case where the Court affirmed a district court opinion denying a claim for commuting time. There is a discussion of de minimis time. Relying on 2nd Circuit precedent that requires three factors to be considered: "(1) the practical administrative difficulty of recording additional time; (2) the size of the claim in the aggregate; and (3) whether the claimants performed the work on a regular basis." Although it is not always a winner for the employer, this time it was.
2. Rolon v. Henneman, 517 F.3d 140 (2nd Cir. 2/25/08). Affirmed a finding that a police chief had absolute immunity for his testimony in a disciplinary proceeding even if it was perjury.
3. Moore v. Consolidated Edison Co., 409 F. 3d 506 (6/2/05) - Affirmed denial of a temporary injunction in a case brought by a terminated employee.
4. Clarett v. National Football League, 369 F.3d 124 (2nd Cir. 5/24/04). Reversed a district court holding that would have allowed Ohio State football player Maurice Clarett to enter the NFL draft early.
5. Williams v. R.H. Donnelley Corp. 368 F.3d 123 (2nd Cir 5/13/04). Affirmed district court summary judgment in discrimination case.
6. EEOC v. J.B. Hunt Transport, Inc., 331 F.3d 69 (2nd Cir. 2/5/03). Dissented to the upholding of a summary judgment for a defendant in an ADA perceived as case.
7. Higgins v. Metro-North R.R. Co., 318 F.3d 422 (2nd Cir. 1/28/03). Concurred in upholding an FELA summary judgment motion for the defendant employer. She would have applied a different test from the majority, but reached the same result.
8. Brown v. Parkchester South Condominiums, 287 F.3d 58 (4/12/02). Reversed a district court dismissal of a discrimination claim and remanded for an evidentiary hearing on whether or not the filing deadline should be equitably tolled.
9. Martens v. Thomann, 273 F.3d 159 (2nd Cir. 11/20/01). Appeal in a class action case sorting out a number of procedural issues, including a motion to reassign the case to a different district judge which was denied.
10. Leventhal v. Knapek, 266 F.3d 64 (2nd Cir. 9/26/01). Upheld summary judgment ruling against a government employee's claim that his privacy rights were violated during a search of his computer.
11. Raniola v. Bratton, 243 F.3d 610 (2nd Cir. 3/19/01). Reversed a trial court's grant of a judgment as a matter of law in a discrimination case.
12. White v. White Rose Food, 237 F.3d 174 (2nd Cir. 1/10/01). Reversed a trial court's ruling against an employer after a bench trial in a §301 case.
13. Parker v. Columbia Pictures Industries, 204 F.3d 326 (1/28/00). Reversed trial court's summary judgment for employer in ADA case.
14. Cruz v. Coach Stores, 202 F.3d 560 (1/20/00). Reversed summary judgment for employer on harassment claim, but affirmed summary judgment for discrimination and retaliation claims.
15. Neilson v. Colgate-Palmolive Co. , 199 F.3d 642 (2nd Cir. 12/2/99). Dissented from opinion affirming a trial court's appointment of a guardian ad litem and approving settlement of case. Would have found trial court did not give due process before appointing guardian ad litem.
16. Norville v. Staten Island University Hospital, 196 F.3d 89 (11/2/99). Affirmed summary judgment for employer on race and age claims, but reversed jury verdict in favor of employer on ADA claim because court improperly charged jury on that issue.
    

Full post as published by Jottings By An Employer's Lawyer on May 26, 2009 (boomark / email).