Jon O. Newman: Difference between revisions
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{{Short description|American judge}} |
{{Short description|American judge (born 1932)}} |
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{{For|those of a similar name|Jonathan Newman (disambiguation)|John Newman (disambiguation)}} |
{{For|those of a similar name|Jonathan Newman (disambiguation)|John Newman (disambiguation)}} |
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{{Infobox judge |
{{Infobox judge |
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|name = Jon Newman |
| name = Jon Newman |
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|office = [[Senior status|Senior Judge]] of the [[United States Court of Appeals for the Second Circuit]] |
| image = Jon O. Newman.jpg |
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| office = [[Senior status|Senior Judge]] of the [[United States Court of Appeals for the Second Circuit]] |
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|term_start = July 1, 1997 |
| term_start = July 1, 1997 |
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|term_end = |
| term_end = |
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|office1 = Chief Judge of the [[United States Court of Appeals for the Second Circuit]] |
| office1 = Chief Judge of the [[United States Court of Appeals for the Second Circuit]] |
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|term_start1 = June 30, 1993 |
| term_start1 = June 30, 1993 |
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|term_end1 = July 1, 1997 |
| term_end1 = July 1, 1997 |
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|predecessor1 = [[Thomas Joseph Meskill]] |
| predecessor1 = [[Thomas Joseph Meskill]] |
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|successor1 = [[Ralph K. Winter Jr.]] |
| successor1 = [[Ralph K. Winter Jr.]] |
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|office2 = Judge of the [[United States Court of Appeals for the Second Circuit]] |
| office2 = Judge of the [[United States Court of Appeals for the Second Circuit]] |
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|appointer2 = [[Jimmy Carter]] |
| appointer2 = [[Jimmy Carter]] |
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|term_start2 = June 21, 1979 |
| term_start2 = June 21, 1979 |
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|term_end2 = July 1, 1997 |
| term_end2 = July 1, 1997 |
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|predecessor2 = Seat established |
| predecessor2 = Seat established |
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|successor2 = [[Robert Katzmann]] |
| successor2 = [[Robert Katzmann]] |
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|office3 = Judge of the [[United States District Court for the District of Connecticut]] |
| office3 = Judge of the [[United States District Court for the District of Connecticut]] |
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|appointer3 = [[Richard Nixon]] |
| appointer3 = [[Richard Nixon]] |
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|term_start3 = December 15, 1971 |
| term_start3 = December 15, 1971 |
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|term_end3 = June 21, 1979 |
| term_end3 = June 21, 1979 |
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|predecessor3 = [[William H. Timbers]] |
| predecessor3 = [[William H. Timbers]] |
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|successor3 = [[José A. Cabranes]] |
| successor3 = [[José A. Cabranes]] |
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|office4 = [[United States Attorney]] for the [[United States District Court for the District of Connecticut|District of Connecticut]] |
| office4 = [[United States Attorney]] for the [[United States District Court for the District of Connecticut|District of Connecticut]] |
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|president4 = [[Lyndon Johnson]] |
| president4 = [[Lyndon Johnson]] |
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|term_start4 = 1964 |
| term_start4 = 1964 |
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|term_end4 = 1969 |
| term_end4 = 1969 |
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|predecessor4 = Owen Eagan<ref>https://www.justice.gov/usao-ct/office</ref> |
| predecessor4 = Owen Eagan<ref>{{Cite web|url=https://www.justice.gov/usao-ct/office|title = About the Office|date = 18 March 2015}}</ref> |
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|successor4 = Stewart Jones |
| successor4 = Stewart Jones |
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|birth_name = Jon Ormond Newman |
| birth_name = Jon Ormond Newman |
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|birth_date = {{ |
| birth_date = {{birth date and age|1932|5|2}} |
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|birth_place |
| birth_place = [[New York City]], U.S. |
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|death_date = |
| death_date = |
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|death_place = |
| death_place = |
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|spouse = Martha Silberman (deceased)<br>Ann Leventhal |
| spouse = Martha Silberman (deceased)<br>Ann Leventhal |
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|children = 3 |
| children = 3 |
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|education = [[Princeton University]] ([[Bachelor of Arts| |
| education = [[Princeton University]] ([[Bachelor of Arts|AB]])<br>[[Yale Law School|Yale University]] ([[Bachelor of Laws|LLB]]) |
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}} |
}} |
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'''Jon Ormond Newman''' (born 1932) is a [[United States federal judge| |
'''Jon Ormond Newman''' (born May 2, 1932) is a [[United States federal judge|senior United States circuit judge]] of the [[United States Court of Appeals for the Second Circuit]].<ref>{{cite book |title=Hearings - Volume 5 |date=1961 |publisher=U.S. Government Printing Office |page=90 |url=https://books.google.com/books?id=gGyyzhJlT7kC&dq=Jon+O.+Newman++may+1932&pg=PA90 |access-date=25 March 2021}}</ref> |
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== |
==Early life and career== |
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Born in [[New York City]], [[New York (state)|New York]], Newman earned his [[Bachelor of Arts|Artium Baccalaureus]] degree from [[Princeton University]] in 1953 and his [[Bachelor of Laws]] from [[Yale Law School]] in 1956. After Yale, he clerked for Judge [[George Thomas Washington]] of the [[United States Court of Appeals for the District of Columbia Circuit]] and then [[ |
Born in [[New York City]], [[New York (state)|New York]], Newman earned his [[Bachelor of Arts|Artium Baccalaureus]] degree from [[Princeton University]] in 1953 and his [[Bachelor of Laws]] from [[Yale Law School]] in 1956. After Yale, he [[Law clerk|clerked]] for Judge [[George Thomas Washington]] of the [[United States Court of Appeals for the District of Columbia Circuit]] and then clerked for [[United States Supreme Court]] Chief Justice [[Earl Warren]] from 1957 to 1958. Additionally, he was in the [[United States Army Reserve]] from 1954 to 1962.<ref name="auto">{{FJC Bio|1755|nid=1385686|name=Jon Ormond Newman<!--(1932–)-->}}</ref> |
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He was in private practice from 1958 to 1960 in [[Hartford]], [[Connecticut]] and served as a graduate instructor at [[Trinity College (Connecticut)|Trinity College]].<ref>{{cite web|title=US Attorney Bulletin|url=https://www.justice.gov/usao/eousa/foia_reading_room/usab1626.pdf|publisher=DOJ| |
He was in private practice from 1958 to 1960 in [[Hartford]], [[Connecticut]], and served as a graduate instructor at [[Trinity College (Connecticut)|Trinity College]].<ref>{{cite web|title=US Attorney Bulletin|url=https://www.justice.gov/usao/eousa/foia_reading_room/usab1626.pdf|publisher=DOJ|access-date=22 June 2011}}</ref> He also served as special counsel to the [[Governor of Connecticut]] in 1960. He was executive assistant to the [[United States Secretary of Health, Education, and Welfare]] from 1961 to 1962 and then joined the staff of [[United States Senator]] [[Abraham Ribicoff]] as administrative assistant from 1963 to 1964. He was the [[United States Attorney]] for the District of Connecticut from 1964 to 1969 when [[Richard Nixon]] took office. He entered private practice in Hartford again until 1971 when he was nominated to a federal district judgeship.<ref name="auto"/> |
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==Federal judicial service== |
==Federal judicial service== |
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Newman was nominated by President [[Richard Nixon]] on December 2, 1971, to a seat on the [[United States District Court for the District of Connecticut]] vacated by Judge [[William H. Timbers]]. He was confirmed by the [[United States Senate]] on December 11, 1971, received his commission on December 15, 1971,and began serving as a judge on January 17, 1972. His service as a District Judge terminated on June 25, 1979, due to his elevation to the Second Circuit.<ref name="auto"/> |
Newman was nominated by President [[Richard Nixon]] on December 2, 1971, to a seat on the [[United States District Court for the District of Connecticut]] vacated by Judge [[William H. Timbers]]. He was confirmed by the [[United States Senate]] on December 11, 1971, received his commission on December 15, 1971, and began serving as a judge on January 17, 1972. His service as a District Judge terminated on June 25, 1979, due to his elevation to the Second Circuit.<ref name="auto"/> |
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Newman was nominated by President [[Jimmy Carter]] on April 30, 1979, to the [[United States Court of Appeals for the Second Circuit]], to a new seat created by 92 Stat. 1629. He was confirmed by the Senate on June 19, 1979, and received his commission on June 21, 1979. He served as Chief Judge from 1993 to 1997. He assumed [[senior status]] on July 1, 1997.<ref name="auto"/> |
Newman was nominated by President [[Jimmy Carter]] on April 30, 1979, to the [[United States Court of Appeals for the Second Circuit]], to a new seat created by 92 Stat. 1629. He was confirmed by the Senate on June 19, 1979, and received his commission on June 21, 1979. He served as Chief Judge from 1993 to 1997. He assumed [[senior status]] on July 1, 1997.<ref name="auto"/> |
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==Honor== |
==Honor== |
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On December 8, 2016, at a special ceremony at the [[Supreme Court of the United States]], Justice [[Elena Kagan]] presented to Judge Newman, on behalf of the federal judiciary, the 2016 [[Edward J. Devitt]] Distinguished Service to Justice Award.<ref>{{cite web|url=http://www.uscourts.gov/news/2016/12/07/judge-jon-o-newman-receive-2016-devitt-award|title=Judge Jon O. Newman to Receive 2016 Devitt Award |
On December 8, 2016, at a special ceremony at the [[Supreme Court of the United States]], Justice [[Elena Kagan]] presented to Judge Newman, on behalf of the federal judiciary, the 2016 [[Edward J. Devitt]] Distinguished Service to Justice Award.<ref>{{cite web|url=http://www.uscourts.gov/news/2016/12/07/judge-jon-o-newman-receive-2016-devitt-award|title=Judge Jon O. Newman to Receive 2016 Devitt Award}}</ref> The Devitt Award honors an Article III judge who has achieved a distinguished career and made significant contributions to the administration of justice, the advancement of the rule of law, and the improvement of society as a whole. |
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== Noteworthy decisions == |
== Noteworthy decisions == |
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* ''Abele v. Markle'', 351 F. Supp. 224 (D. Conn. 1972) - Connecticut statute prohibiting abortions, except to save life of mother, was unconstitutional. |
* ''Abele v. Markle'', 351 F. Supp. 224 (D. Conn. 1972) - Connecticut statute prohibiting abortions, except to save life of mother, was unconstitutional. |
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* SCM Corp. v. Xerox Corp. |
* ''SCM Corp. v. Xerox Corp.'', 463 F. Supp. 983 (D. Conn. 1978) - After 14-month jury trial, probably the longest federal civil jury trial, Xerox Corp. did not violate antitrust laws by maintaining its plain paper copying monopoly. [http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA2LTI0ODAtYWdfb3BuLnBkZg==/06-2480-ag_opn.pdf#xml=http://www.ca2.uscourts.gov:8080/isysquery/irlcb26/1/hilite |
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* ''Bennett v. Mukasey''] - A lawyer cannot take a client's money and then fail to proceed with his case because the client is not paying the bill. The Court sent immigration lawyer to the Grievance Panel for possible violation of ethical rules after the lawyer did not process the appeal of his client because of lack of payment. |
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* ''[[Salinger v. Random House]]'' 811 F.2d 90 (2d Cir.1987) - J.D. Salinger's biographer used too many of the author's letters to be exempted from copyright infringement by the doctrine of "[[fair use]]" |
* ''[[Salinger v. Random House]]'' 811 F.2d 90 (2d Cir.1987) - J.D. Salinger's biographer used too many of the author's letters to be exempted from copyright infringement by the doctrine of "[[fair use]]" |
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* ''Rivera v. LaPorte'', 896 F.2d 691 (2d Cir. 1990) |
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* ''[[American Geophysical Union v. Texaco]]'', 60 F.3d 913 (2nd Cir., 1994) – Texaco's bulk photocopying of articles from scientific journals for its researchers was not fair use since it was in support of the company's commercial goals and not the public good. The first Second Circuit copyright case to consider [[transformative use]]. |
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* ''[[Leibovitz v. Paramount Pictures Corp.]]'', 137 F.3d 109 (2nd Cir. 1998) - poster for movie "Naked Gun 33 1/3" with photo of Demi Moore visibly pregnant and head of Leslie Nielsen replacing Moore's head and caption "Coming in February" was parody of Vanity Fair cover and exempt from copyright infringement as "fair use." |
* ''[[Leibovitz v. Paramount Pictures Corp.]]'', 137 F.3d 109 (2nd Cir. 1998) - poster for movie "Naked Gun 33 1/3" with photo of Demi Moore visibly pregnant and head of Leslie Nielsen replacing Moore's head and caption "Coming in February" was parody of Vanity Fair cover and exempt from copyright infringement as "fair use." |
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* ''[http://www.gpo.gov/fdsys/granule/USCOURTS-ca2-11-02763/USCOURTS-ca2-11-02763-0 United States of America v. Cromitie (Williams)]'' (2nd Cir. 2013) (see [[2009 Bronx terrorism plot]])<ref>{{cite web|title=United States of America v. Cromitie (Williams)|url=http://www.gpo.gov/fdsys/pkg/USCOURTS-ca2-11-02763/pdf/USCOURTS-ca2-11-02763-0.pdf|publisher=[[United States Government Publishing Office|GPO]]|date= August 22, 2013}}</ref> |
* ''[http://www.gpo.gov/fdsys/granule/USCOURTS-ca2-11-02763/USCOURTS-ca2-11-02763-0 United States of America v. Cromitie (Williams)]'' (2nd Cir. 2013) (see [[2009 Bronx terrorism plot]])<ref>{{cite web|title=United States of America v. Cromitie (Williams)|url=http://www.gpo.gov/fdsys/pkg/USCOURTS-ca2-11-02763/pdf/USCOURTS-ca2-11-02763-0.pdf|publisher=[[United States Government Publishing Office|GPO]]|date= August 22, 2013}}</ref> |
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* ''Trump v. Deutsche Bank'' (2019)- Deutsche Bank must hand over financial records of Trump and others to the House of Representatives. This ruling along with 2 others regarding Trump's financial records |
* ''Trump v. Deutsche Bank'' (2019) 943 F.3d 627 (2nd Cir. 2019) - Deutsche Bank must hand over financial records of Trump and others to the House of Representatives. This ruling along with 2 others regarding Trump's financial records was heard by the Supreme Court in 2020,<ref>{{Cite web |url=https://www.cnbc.com/2019/12/03/trump-loses-appeal-to-block-deutsche-bank-capital-one-from-handing-his-financial-records-to-congress.html |title=Trump loses appeal to block Deutsche Bank, Capital One from handing his financial records to Congress |last1=Higgins |first1=Tucker |last2=Breuninger |first2=Kevin |date=2019-12-03 |website=CNBC |language=en |access-date=2019-12-16}}</ref> and held that the lower court had not adequately addressed separation of powers concerns in the rulings.<ref>{{Cite web | url=https://www.scotusblog.com/case-files/cases/trump-v-deutsche-bank-ag/ |title=Trump v. Deutsche Bank AG |website=SCOTUSBLOG |language=en |access-date=2021-04-15}}</ref> |
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==See also== |
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* [[List of Jewish American jurists]] |
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* [[List of law clerks of the Supreme Court of the United States (Chief Justice)]] |
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* [[List of United States federal judges by longevity of service]] |
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== References == |
== References == |
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==Sources== |
==Sources== |
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* {{FJC Bio|1755|nid=1385686|name=Jon Ormond Newman<!--(1932–)-->}} |
* {{FJC Bio|1755|nid=1385686|name=Jon Ormond Newman<!--(1932–)-->}} |
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* {{C-SPAN| |
* {{C-SPAN|22284}} |
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{{s-start}} |
{{s-start}} |
Latest revision as of 22:29, 27 May 2024
Jon Newman | |
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Senior Judge of the United States Court of Appeals for the Second Circuit | |
Assumed office July 1, 1997 | |
Chief Judge of the United States Court of Appeals for the Second Circuit | |
In office June 30, 1993 – July 1, 1997 | |
Preceded by | Thomas Joseph Meskill |
Succeeded by | Ralph K. Winter Jr. |
Judge of the United States Court of Appeals for the Second Circuit | |
In office June 21, 1979 – July 1, 1997 | |
Appointed by | Jimmy Carter |
Preceded by | Seat established |
Succeeded by | Robert Katzmann |
Judge of the United States District Court for the District of Connecticut | |
In office December 15, 1971 – June 21, 1979 | |
Appointed by | Richard Nixon |
Preceded by | William H. Timbers |
Succeeded by | José A. Cabranes |
United States Attorney for the District of Connecticut | |
In office 1964–1969 | |
President | Lyndon Johnson |
Preceded by | Owen Eagan[1] |
Succeeded by | Stewart Jones |
Personal details | |
Born | Jon Ormond Newman May 2, 1932 New York City, U.S. |
Spouse(s) | Martha Silberman (deceased) Ann Leventhal |
Children | 3 |
Education | Princeton University (AB) Yale University (LLB) |
Jon Ormond Newman (born May 2, 1932) is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit.[2]
Early life and career
[edit]Born in New York City, New York, Newman earned his Artium Baccalaureus degree from Princeton University in 1953 and his Bachelor of Laws from Yale Law School in 1956. After Yale, he clerked for Judge George Thomas Washington of the United States Court of Appeals for the District of Columbia Circuit and then clerked for United States Supreme Court Chief Justice Earl Warren from 1957 to 1958. Additionally, he was in the United States Army Reserve from 1954 to 1962.[3]
He was in private practice from 1958 to 1960 in Hartford, Connecticut, and served as a graduate instructor at Trinity College.[4] He also served as special counsel to the Governor of Connecticut in 1960. He was executive assistant to the United States Secretary of Health, Education, and Welfare from 1961 to 1962 and then joined the staff of United States Senator Abraham Ribicoff as administrative assistant from 1963 to 1964. He was the United States Attorney for the District of Connecticut from 1964 to 1969 when Richard Nixon took office. He entered private practice in Hartford again until 1971 when he was nominated to a federal district judgeship.[3]
Federal judicial service
[edit]Newman was nominated by President Richard Nixon on December 2, 1971, to a seat on the United States District Court for the District of Connecticut vacated by Judge William H. Timbers. He was confirmed by the United States Senate on December 11, 1971, received his commission on December 15, 1971, and began serving as a judge on January 17, 1972. His service as a District Judge terminated on June 25, 1979, due to his elevation to the Second Circuit.[3]
Newman was nominated by President Jimmy Carter on April 30, 1979, to the United States Court of Appeals for the Second Circuit, to a new seat created by 92 Stat. 1629. He was confirmed by the Senate on June 19, 1979, and received his commission on June 21, 1979. He served as Chief Judge from 1993 to 1997. He assumed senior status on July 1, 1997.[3]
Honor
[edit]On December 8, 2016, at a special ceremony at the Supreme Court of the United States, Justice Elena Kagan presented to Judge Newman, on behalf of the federal judiciary, the 2016 Edward J. Devitt Distinguished Service to Justice Award.[5] The Devitt Award honors an Article III judge who has achieved a distinguished career and made significant contributions to the administration of justice, the advancement of the rule of law, and the improvement of society as a whole.
Noteworthy decisions
[edit]- Abele v. Markle, 351 F. Supp. 224 (D. Conn. 1972) - Connecticut statute prohibiting abortions, except to save life of mother, was unconstitutional.
- SCM Corp. v. Xerox Corp., 463 F. Supp. 983 (D. Conn. 1978) - After 14-month jury trial, probably the longest federal civil jury trial, Xerox Corp. did not violate antitrust laws by maintaining its plain paper copying monopoly. [http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA2LTI0ODAtYWdfb3BuLnBkZg==/06-2480-ag_opn.pdf#xml=http://www.ca2.uscourts.gov:8080/isysquery/irlcb26/1/hilite
- Salinger v. Random House 811 F.2d 90 (2d Cir.1987) - J.D. Salinger's biographer used too many of the author's letters to be exempted from copyright infringement by the doctrine of "fair use"
- Kadic v. Karadzic, 70 F.3d 232 (2d Cir. 1996) – There was subject matter jurisdiction under the Alien Tort Claim Act, 28 U.S.C.S. § 1350, to pursue an action for war crimes against a private individual
- American Geophysical Union v. Texaco, 60 F.3d 913 (2nd Cir., 1994) – Texaco's bulk photocopying of articles from scientific journals for its researchers was not fair use since it was in support of the company's commercial goals and not the public good. The first Second Circuit copyright case to consider transformative use.
- Leibovitz v. Paramount Pictures Corp., 137 F.3d 109 (2nd Cir. 1998) - poster for movie "Naked Gun 33 1/3" with photo of Demi Moore visibly pregnant and head of Leslie Nielsen replacing Moore's head and caption "Coming in February" was parody of Vanity Fair cover and exempt from copyright infringement as "fair use."
- United States of America v. Cromitie (Williams) (2nd Cir. 2013) (see 2009 Bronx terrorism plot)[6]
- Trump v. Deutsche Bank (2019) 943 F.3d 627 (2nd Cir. 2019) - Deutsche Bank must hand over financial records of Trump and others to the House of Representatives. This ruling along with 2 others regarding Trump's financial records was heard by the Supreme Court in 2020,[7] and held that the lower court had not adequately addressed separation of powers concerns in the rulings.[8]
See also
[edit]- List of Jewish American jurists
- List of law clerks of the Supreme Court of the United States (Chief Justice)
- List of United States federal judges by longevity of service
References
[edit]- ^ "About the Office". 18 March 2015.
- ^ Hearings - Volume 5. U.S. Government Printing Office. 1961. p. 90. Retrieved 25 March 2021.
- ^ a b c d Jon Ormond Newman at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- ^ "US Attorney Bulletin" (PDF). DOJ. Retrieved 22 June 2011.
- ^ "Judge Jon O. Newman to Receive 2016 Devitt Award".
- ^ "United States of America v. Cromitie (Williams)" (PDF). GPO. August 22, 2013.
- ^ Higgins, Tucker; Breuninger, Kevin (2019-12-03). "Trump loses appeal to block Deutsche Bank, Capital One from handing his financial records to Congress". CNBC. Retrieved 2019-12-16.
- ^ "Trump v. Deutsche Bank AG". SCOTUSBLOG. Retrieved 2021-04-15.
Sources
[edit]- Jon Ormond Newman at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- Appearances on C-SPAN
- 1932 births
- 20th-century American judges
- Hotchkiss School alumni
- Judges of the United States Court of Appeals for the Second Circuit
- Judges of the United States District Court for the District of Connecticut
- Law clerks of the Supreme Court of the United States
- Living people
- Lawyers from Hartford, Connecticut
- Lawyers from New York City
- Military personnel from Hartford, Connecticut
- Military personnel from New York City
- Princeton University alumni
- United States Attorneys for the District of Connecticut
- United States court of appeals judges appointed by Jimmy Carter
- United States district court judges appointed by Richard Nixon
- Yale Law School alumni