Carovillano v. Sirius XM Radio, Inc.
- Katherine Failla
- 1:23-cv-04723
- U.S. District Court · Southern District of New York
- 2
In Carovillano v. Sirius XM Radio, Judge Engelmayer recused himself after learning of Berkshire Hathaway’s ownership and ordered reassignment.
The plaintiffs, Sirius XM Radio, Inc., and the other people represented by the proposed class are affected because the case will be reassigned to another judge.
What happened
Carovillano v. Sirius XM Radio, Inc. is a proposed class action involving Sirius XM Radio, Inc. The opinion does not describe the underlying claims.
Sirius XM disclosed that Berkshire Hathaway owned more than 10% of Sirius XM Holdings, Inc., which wholly controls Sirius XM Radio. The judge stated that his family owned Berkshire Hathaway stock.
Paul A. Engelmayer recused himself immediately and stated that the case would be reassigned to another judge in the Southern District of New York. The order did not decide the parties’ underlying dispute.
The detailed version
- Carovillano v. Sirius XM Radio, Inc. · No. 1:23-cv-04723
- Katherine Failla
- Feb. 5, 2025
Background
Christopher Carovillano and Steven Brandt brought the case on behalf of themselves and others similarly situated against Sirius XM Radio, Inc. The opinion does not describe the claims or the underlying dispute.
Disclosure and Recusal
Sirius XM notified the court that Berkshire Hathaway, Inc. owned more than 10% of Sirius XM Holdings, Inc., a holding company that wholly controls Sirius XM Radio. The disclosure stated that Berkshire Hathaway first became a 10% owner on September 9, 2024. Sirius XM’s earlier disclosure had identified Liberty Media Corporation as the only entity holding at least 10% of Sirius XM Holdings.
Judge Paul A. Engelmayer stated that his family owned Berkshire Hathaway stock. Citing judicial ethics guidance, he concluded that he was required to recuse himself, meaning that he could no longer participate as the judge in the matter.
Ruling and Effect
Judge Engelmayer recused himself effective immediately. He ordered that the case be reassigned to another judge in the district. The order was procedural and did not decide the merits of the plaintiffs’ claims or Sirius XM’s defenses.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.