Alito Slams NY Judge On Race-Based Class Counsel Decisions

Law360, New York (November 18, 2013, 8:50 PM EST) -- U.S. Supreme Court Justice Samuel Alito on Monday criticized a New York federal judge for considering attorneys' race and gender in class counsel decisions, though the high court passed on an appeal of a Sirius XM Radio Inc. antitrust settlement that challenged the “discriminatory” practice.

The appeal argued that the Sirius deal was tainted by U.S. District Judge Harold Baer Jr.'s habit of requiring that law firms appointed as class counsel staff their cases with attorneys reflecting the racial and gender makeup of the class. In a...
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