Justice Kennedy wrote what appears to be the first concurring opinion in the denial of cert. this term, one of a few such cases where a justice notes that important issues are involved but for some reason it is not an ideal one to accept. (h/t) He noted:
To the extent that New Jersey law allows a trial court to impose the onerous costs of class notification on a defendant simply because of the relative wealth of the defendant and without any consideration of the underlying merits of the suit, a serious due process question is raised.
This arose out of a breach of contract case involving a dating service. Kennedy noted that the case involved a decision that was not final as well as a bankruptcy matter which also puts things on hold for various reasons. So, it was not the best case to take. Of interest, Roberts and Sotomayor joined the brief opinion. As with active questioning, sounds like Sotomayor is getting into the thick of things. Meanwhile, she also presided at a marriage ceremony for an ex-aide.
Some video and analysis from her confirmation can be found here. Interesting "people on the street" footage.