Naomi Reice Buchwald | |
---|---|
Senior Judge of the United States District Court for the Southern District of New York | |
Assumed office March 21, 2012 | |
Judge of the United States District Court for the Southern District of New York | |
In office September 22,1999 –March 21,2012 | |
Appointed by | Bill Clinton |
Preceded by | Miriam G. Cedarbaum |
Succeeded by | Analisa Torres |
Magistrate Judge of the United States District Court for the Southern District of New York | |
In office 1980–1999 | |
Personal details | |
Born | Naomi Lynn Reice February 14,1944 Kingston,New York [1] |
Education | Brandeis University (BA) Columbia Law School (LLB) |
Naomi Lynn Reice Buchwald (born February 14,1944) is a senior United States district judge of the United States District Court for the Southern District of New York.
Naomi Reice was born in 1944 in Kingston,New York, [2] to Mr. and Mrs. Albert Reice. [3]
She was graduated as a Phi Beta Kappa from Brandeis University and then with honors from Columbia University Law School. [3]
She was married on January 19,1974,to Don David Buchwald of Jericho,New York. [3] They have a son,David Evan Buchwald,a New York state assemblyman. [4]
Naomi Reice,as she was then known,practiced law in New York City from 1968 until 1973,when she became an Assistant United States Attorney in the Southern District of New York,rising to the position of Chief of the Civil Division. [2] She held this position until she was named a United States magistrate judge in the same district in 1980. [2] She served as chief United States magistrate judge from 1994 until 1999. [2]
On February 12,1999,Buchwald was nominated by President Bill Clinton to a seat on the United States District Court for the Southern District of New York vacated by Miriam G. Cedarbaum. [2] Buchwald was confirmed by the Senate on September 13,1999,and received her commission on September 22,1999. [2] She assumed senior status (a form of semi-retirement) on March 21,2012. [2]
In a 2008 civil case concerning insider trading,Buchwald ordered [5] the U.S. Securities and Exchange Commission (SEC) to unfreeze the ill-gotten profits of Ukrainian resident Oleksandr Dorozhko. Dorozhko was accused of hacking into a company database to access a then-unreleased earnings announcement. Based upon the undisclosed information,Dorozhko invested $41,671 in put options,which he sold the following day for $328,571. The SEC froze the profits,but the judge ruled against the SEC,finding that while Dorozhko's conduct almost certainly was criminal,it did not fall within the relevant civil statute. Buchwald stayed her order pending appeal.
The Second Circuit Court of Appeals reversed the judge's ruling. [6] When Dorozhko later stopped participating in his defense,Buchwald granted the SEC summary judgement and ordered Dorozhko to pay nearly $580,000 in disgorgement,prejudgment interest,and a civil penalty. [7] The SEC managed to seize $296,456 of this amount. [8]
On February 24,2012, [9] Buchwald dismissed a lawsuit brought by a consortium of U.S. organic farmers and seed dealers aggrieved by Monsanto's genetically modified organism seeds. Monsanto denied that it had harmed anyone. After extensive briefing and oral argument,she held that the plaintiffs had no standing to sue,calling the case a "transparent effort to create a controversy where none exists." [10] The decision was appealed to the Court of Appeals for the Federal Circuit on March 28,2012. [11] The Supreme Court declined to hear an appeal by the organic farmers in January 2014. [12]
In March 2013,Buchwald dismissed much,though not all,of a class-action lawsuit directed at the banks that allegedly manipulated the London Interbank Offered Rate (LIBOR). [13]
In a 161-page memorandum of decision, [14] she held that U.S. antitrust law did not apply. She said that since the LIBOR-setting process was never meant to be competitive,the suppression of that process was not anti-competitive.
In May 2016,the U. S. Court of Appeals for the Second Circuit reversed the dismissal order,reinstating the lawsuit. [15] [16] [ needs update ]
On May 23,2018,Buchwald held that President Trump's blocking of the plaintiffs from the @realDonaldTrump Twitter account "because of their expressed political views violates the First Amendment." [17] Buchwald differentiated between Twitter's muting and blocking functions,explaining that muting "vindicates the President's right to ignore certain speakers and to selectively amplify the voices of certain others . . . without restricting the right of the ignored to speak." Buchwald declined,however,to issue an injunction against the President and instead issued a declaratory judgment with the statement that "we must assume that the President and Scavino [ Dan Scavino,the White House director of social media] will remedy the blocking we have held to be unconstitutional." [18] [19]
This decision stands in conflict with similar cases from other courts. For example,earlier in 2018,a Kentucky judge upheld a governor's decision to block commenters from his Twitter and Facebook feeds in Morgan v. Bevin (E.D. Ky. 2018). [20] Another example is Florida Democratic gubernatorial candidate Philip Levine,who is fighting a lawsuit for blocking Democratic activist and radio personality Grant Stern. [21]
The United States District Court for the Southern District of New York is a federal trial court whose geographic jurisdiction encompasses eight counties of New York State. Two of these are in New York City:New York (Manhattan) and Bronx;six are in the Hudson Valley:Westchester,Putnam,Rockland,Orange,Dutchess,and Sullivan. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit.
Jed Saul Rakoff is a senior United States district judge of the United States District Court for the Southern District of New York.
Barrington Daniels Parker Jr. is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit.
Loretta A. Preska is an American lawyer who serves as a senior United States district judge of the United States District Court for the Southern District of New York. Born in Albany,Preska received law degrees from Fordham University School of Law and New York University School of Law. She practiced law in New York City from 1973 to 1992 at the law firms of Cahill Gordon &Reindel and Hertzog,Calamari &Gleason. President George H. W. Bush appointed her to the district bench in 1992. She served as chief judge of the court for a seven-year term from 2009 to 2016,and took senior status in 2017. President George W. Bush nominated Preska to the U.S. Court of Appeals for the Second Circuit in 2008,but the Senate did not act on the nomination.
George Benjamin Daniels is a senior United States district judge of the United States District Court for the Southern District of New York.
Denise Louise Cote is a senior United States district judge of the United States District Court for the Southern District of New York.
Barbara Sue Jones is a former United States district judge of the United States District Court for the Southern District of New York.
Bowman v. Monsanto Co.,569 U.S. 278 (2013),was a United States Supreme Court patent decision in which the Court unanimously affirmed the decision of the Federal Circuit that the patent exhaustion doctrine does not permit a farmer to plant and grow saved,patented seeds without the patent owner's permission. The case arose after Vernon Hugh Bowman,an Indiana farmer,bought transgenic soybean crop seeds from a local grain elevator for his second crop of the season. Monsanto originally sold the seed from which these soybeans were grown to farmers under a limited use license that prohibited the farmer-buyer from using the seeds for more than a single season or from saving any seed produced from the crop for replanting. The farmers sold their soybean crops to the local grain elevator,from which Bowman then bought them. After Bowman replanted the crop seeds for his second harvest,Monsanto filed a lawsuit claiming that he infringed on their patents by replanting soybeans without a license. In response,Bowman argued that Monsanto's claims were barred under the doctrine of patent exhaustion,because all future generations of soybeans were embodied in the first generation that was originally sold.
Tanya Sue Chutkan is a Jamaican-born American lawyer and jurist serving as a United States district judge for the United States District Court for the District of Columbia. She is the judge overseeing the criminal trial of former U.S. president Donald Trump over his attempts to overturn the result of the 2020 presidential election,including the events leading up to the January 6,2021,United States Capitol attack.
Allison Dale Burroughs is a United States district judge of the United States District Court for the District of Massachusetts.
Monsanto was involved in several high-profile lawsuits,as both plaintiff and defendant. It had been defendant in a number of lawsuits over health and environmental issues related to its products. Monsanto also made frequent use of the courts to defend its patents,particularly in the area of agricultural biotechnology.
Citizens for Responsibility and Ethics in Washington v. Trump was a case brought before the United States District Court for the Southern District of New York. The plaintiffs,watchdog group Citizens for Responsibility and Ethics in Washington (CREW),hotel and restaurant owner Eric Goode,an association of restaurants known as ROC United,and an Embassy Row hotel event booker named Jill Phaneuf alleged that the defendant,President Donald Trump,was in violation of the Foreign Emoluments Clause,a constitutional provision that bars the president or any other federal official from taking gifts or payments from foreign governments. CREW filed its complaint on January 23,2017,shortly after Trump was inaugurated as president. An amended complaint,adding the hotel and restaurant industry plaintiffs,was filed on April 18,2017. A second amended complaint was filed on May 10,2017. CREW was represented by several prominent lawyers and legal scholars in the case.
The following is a list of notable lawsuits involving former United States president Donald Trump. The list excludes cases that only name Trump as a legal formality in his capacity as president,such as habeas corpus requests.
Executive Order 13780,titled Protecting the Nation from Foreign Terrorist Entry into the United States,was an executive order signed by United States President Donald Trump on March 6,2017. It placed a 90-day restriction on entry to the U.S. by nationals of Iran,Libya,Somalia,Sudan,Syria and Yemen,and barred entry for all refugees who did not possess either a visa or valid travel documents for 120 days. This executive order—sometimes called "Travel Ban 2.0"—revoked and replaced Executive Order 13769 issued on January 27,2017.
Makan Delrahim is an Iranian-American attorney and lobbyist. From 2017 to 2021,Delrahim served under President Donald Trump as Assistant Attorney General for the Department of Justice Antitrust Division.
John Kenneth Bush is an American attorney and United States circuit judge of the United States Court of Appeals for the Sixth Circuit. Bush graduated from Harvard Law School and practiced in Washington,D.C.,and Louisville,Kentucky,where he served as president of the local branch of the Federalist Society. In 2017,he was nominated to a seat on the Sixth Circuit by President Donald Trump.
Trevor Neil McFadden is an American lawyer who serves as a United States district judge of the United States District Court for the District of Columbia. Previously,he was a deputy assistant attorney general in the Criminal Division of the Department of Justice.
Knight First Amendment Institute v. Trump,928 F.3d 226 (2019),is a case at the Second Circuit Court of Appeals on the use of social media as a public forum. The plaintiffs,Philip N. Cohen,Eugene Gu,Holly Figueroa O'Reilly,Nicholas Pappas,Joseph M. Papp,Rebecca Buckwalter-Poza,and Brandon Neely,are a group of Twitter users blocked by U.S. President Donald Trump's personal @realDonaldTrump account. They alleged that Twitter constitutes a public forum,and that a government official blocking access to that forum is a violation of the First Amendment. The lawsuit also named as defendants White House press secretary Sean Spicer and social media director Dan Scavino.
Department of Homeland Security v. Regents of the University of California,591 U.S. ___ (2020),was a United States Supreme Court case in which the Court held by a 5–4 vote that a 2017 U.S. Department of Homeland Security (DHS) order to rescind the Deferred Action for Childhood Arrivals (DACA) immigration program was "arbitrary and capricious" under the Administrative Procedure Act (APA) and reversed the order.
Wolf v. Vidal,591 U.S. ___ (2020),was a case that was filed to challenge the Trump Administration's rescission of Deferred Action for Childhood Arrivals (DACA). Plaintiffs in the case are DACA recipients who argue that the rescission decision is unlawful under the Administrative Procedure Act and the Fifth Amendment. On February 13,2018,Judge Garaufis in the Eastern District of New York addressed the question of whether the government offered a legally adequate reason for ending the DACA program. The court found that Defendants did not provide a legally adequate reason for ending the DACA program and that the decision to end DACA was arbitrary and capricious. Defendants have appealed the decision to the Second Circuit Court of Appeals.