Comments on: Sotomayor Joins Conservative Colleagues Over Possible Constitutional Claims by Corporations in Class Action Cases http://jonathanturley.org/2009/10/13/sotomayor-joins-conservative-colleagues-over-possible-constitutional-claims-by-corporations-in-class-action-cases/ Res ipsa loquitur ("The thing itself speaks") Mon, 28 May 2012 12:25:36 +0000 hourly 1 http://wordpress.com/ By: Anonymously Yours http://jonathanturley.org/2009/10/13/sotomayor-joins-conservative-colleagues-over-possible-constitutional-claims-by-corporations-in-class-action-cases/#comment-85410 Wed, 14 Oct 2009 00:56:20 +0000 http://jonathanturley.org/?p=16062#comment-85410 Mike A.

As you can see we agree on this. I am as well concerned about her role in making a name for herself. I miss the courts of Marshall and Brennan. At that time and I still do think that there should be two Sct. one for Criminal Cases and the second for Civil Cases. I usually thought that they got it right on the Criminal ones and were across the board on the Civil ones. Hence, I could predict who was on the majority and dissent in Criminal and had no clue in the Civil ones.

]]> By: doglover http://jonathanturley.org/2009/10/13/sotomayor-joins-conservative-colleagues-over-possible-constitutional-claims-by-corporations-in-class-action-cases/#comment-85407 Wed, 14 Oct 2009 00:05:52 +0000 http://jonathanturley.org/?p=16062#comment-85407 No surprises there. The pendulum has swung so far right, it will take a true old-fashioned liberal to help bring us center.

]]> By: Mike Appleton http://jonathanturley.org/2009/10/13/sotomayor-joins-conservative-colleagues-over-possible-constitutional-claims-by-corporations-in-class-action-cases/#comment-85405 Tue, 13 Oct 2009 23:54:18 +0000 http://jonathanturley.org/?p=16062#comment-85405 Based upon the limited facts, the decision is probably correct. Thus, this does not appear to be a very good case to judge how she might rule in the future. However, I do squirm with I see the phrases “due process” and “property interest” in a sentence dealing with corporate rights.

]]> By: Dredd http://jonathanturley.org/2009/10/13/sotomayor-joins-conservative-colleagues-over-possible-constitutional-claims-by-corporations-in-class-action-cases/#comment-85401 Tue, 13 Oct 2009 22:53:14 +0000 http://jonathanturley.org/?p=16062#comment-85401 Of course there should be some fair inquiry into the merits before certification of a class takes place.

Otherwise it is simply a whip for one side and not the other.

Competent care should be used to construct the structure for the inquiry however. Probably some discovery plus a hearing to inquire into the evidence with some cross-examination and the like.

]]> By: Anonymously Yours http://jonathanturley.org/2009/10/13/sotomayor-joins-conservative-colleagues-over-possible-constitutional-claims-by-corporations-in-class-action-cases/#comment-85366 Tue, 13 Oct 2009 20:49:26 +0000 http://jonathanturley.org/?p=16062#comment-85366 I am not surprised by the decision. I am however skeptical of her because she is a Hispanic Thomas. I got mine so screw you. However, I do agree with her decision in this one.

It will apply to even the smallest of companies with apparent wealth. Does anyone remember when Dioxin Dow filed for Bankruptcy to keep assets when the breast implants went bad?

]]> By: Byron http://jonathanturley.org/2009/10/13/sotomayor-joins-conservative-colleagues-over-possible-constitutional-claims-by-corporations-in-class-action-cases/#comment-85362 Tue, 13 Oct 2009 20:25:47 +0000 http://jonathanturley.org/?p=16062#comment-85362 So I can sue anyone and they have to pay for me to sue them because their pockets are deeper?

Sounds like Sonia might just be a ringer. Good on you judge.

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