Factcheck.com noted three examples of he U.S. Supreme Court reversing the decisions of the U.S. Court of Appeals for the 2nd Circuit. They are:
CORRECTIONAL SERVICES CORPORATION V. MALESKO
Judge Sotomayor said that an inmate could sue a private contractor for injuries that he received in a halfway house.
Judge Sotomayor claimed, “that under the Clean Water Act, the Environmental Protection Agency could not use a cost-benefit analysis to determine the best technology available for drawing cooling water into power plants with minimal impact on aquatic life.”
MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. V. DABIT
Judge Sotomayor wrote the Second Circuit Court’s opinion that the 1996 Securities…Act did not preempted a class action suit filed in state court against Merrill Lynch.