 In Merrill Lynch , Pierce , Fenner & Smith , Inc. v. Dabit ( 2005 ) , Sotomayor wrote a unanimous opinion that the Securities Litigation Uniform Standards Act of 1998 did not preempt class action claims in state courts by stockbrokers alleging misleading inducement to buy or sell stocks . The Supreme Court handed down an 8 – 0 decision stating that the Act did preempt such claims , thereby overruling Sotomayor 's decision . 
