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May 27, 2009

Judge Sotomayer - Technology Opinions

Could Judge Sotomayer be the first Justice to sit on the Supreme Court who has written technology related opinions before joining the court?  Since my last blog, I have been doing some research on Judge Sotomayer, the nominee for the Supreme Court.  I thought I would share with you some cases that may be of interest to those of us involved in eDiscovery. 

  • In Specht v Netscape, she wrote a decision regarding the placement of a download button on a web page. All in all, she denied the defendant's motion to compel arbitration as it was believed that the Plaintiff was not a direct beneficiary under the agreement.
  • In Storey v Cello, she wrote an opinion that an adverse outcome from an admiminstrative proceeding did not have preclusive effect on a suit brought under the  the Anticybersquatting Consumer Protection Act.
  • In Mattel v. Barbie-club she rejected the argument that the federal court jurisdiction could be created in any federal district merely by providing written evidence of the domain registration with the trial court.

Although, these are not specific eDiscovery opinions, they are interesting as they give some insight into her technology savviness.

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