Brian Cogan
Brian Cogan is afederal judge onsenior status with theUnited States District Court for the Eastern District of New York. Cogan joined the court in June 2006 after being nominated by PresidentGeorge W. Bush (R). He assumed senior status on June 12, 2020. Before joining the court, Cogan was a private practice attorney in New York City.[1]
Education
Born in Chicago,Illinois, Cogan received his undergraduate degree from the University of Illinois in 1975 and hisJ.D. from Cornell Law School in 1979.[1]
Professional career
Cogan began his legal career as a law clerk for Federal District JudgeSidney Aronovitz for theSouthern District of Florida from 1979 to 1980 before becoming a private practice attorney in New York City from 1980 to 2006.[1]
Judicial career
Eastern District of New York
Cogan was nominated to theUnited States District Court for the Eastern District of New York by PresidentGeorge W. Bush (R) onJanuary 25, 2006; he assumed a seat that was vacated byFrederic Block. Cogan was confirmed by the U.S. Senate onMay 4, 2006, on a majority voice vote and received his commission onJune 7, 2006.[2] He assumedsenior status on June 12, 2020.[1]
Noteworthy cases
Palmer v. Amazon.com, Inc. (2020)
Palmer v. Amazon.com, Inc.: On November 2, 2020, JudgeBrian Cogan, of theUnited States District Court for the Eastern District of New York, dismissed a lawsuit seeking to compel Amazon to provide extra workplace protections related to Covid-19. In their complaint, employees at Amazon’s Staten Island warehouse alleged that "Amazon’s current policies and practices constitute a public nuisance." The plaintiffs alleged that Amazon "undermines its workers’ efforts to protect themselves and their coworkers from the virus . . . through a culture of workplace fear," improper back pay for quarantine leave, and failure "to comply with public health guidance." In his dismissal order, Cogan said, "[Courts] are not expert in public health or workplace safety matters, and lack the training, expertise, and resources to oversee compliance with evolving industry guidance." Cogan added, "[Courts] are particularly ill-suited to address this evolving situation and the risk of inconsistent rulings is high."[3][4]
Roman Catholic Diocese of New York will not have to Follow HHS Mandate (2013)
On December 16, 2013, Judge Cogan ruled in favor of the plaintiff in the case ofThe Roman Catholic Archdiocese of New York, et al against Kathleen Sebelius, in her official capacity as Secretary, United States Department of Health and Human Services, et al. The HHS Mandate at the center of the case, requires employers to provide birth control to their employees.[5] However, the Catholic Church strictly forbids the use of birth control.[6]Cogan's decision states that the plaintiffs “have demonstrated that the mandate, despite accommodation, compels them to perform acts that are contrary to their religion. And there can be no doubt that the coercive pressure here is substantial.” The plaintiffs, then, will not have to follow the HHS Mandate and will not be fined the $100 a day penalty per each affected beneficiary. Of the groups, the Catholic Health Services of Long Island includes six hospitals, three nursing homes, and a hospice.[5]
In addition, Cogan's ruling reasoned that the HHS Mandate that required the distribution of birth control was likely unconstitutional and went as far to say that it should not be enforced. Because the HHS Mandate was never approved by Congress, Kathleen Sebelius, should not be able to enforce the mandate, Cogan argued. Furthermore, this enforcement could compromise the First Amendment. Because this decision goes beyond the exemption offered to churches by extending it to religiously-affiliated organizations, this decision paves the way for more organizations to take similar legal action.[7]
See also
- United States District Court for the Eastern District of New York
- United States Court of Appeals for the 2nd Circuit
External links
Officeholder United States District Court for the Eastern District of New York |
- United States District Court for the Eastern District of New York, "Biography of Brian Cogan"
- United States District Court for the Eastern District of New York, "List of Judges"
- The Roman Catholic Archdiocese of New York, et al against Kathleen Sebelius, et al Decision
- Biography fromFederal Judicial Center
Footnotes
- ↑1.01.11.21.3Brian Cogan Biography from theFederal Judicial Center.
- ↑THOMAS, "Brian M. Cogan USDC,EDNY confirmation: PN1183-109," accessed June 9, 2015
- ↑United States District Court for the Eastern District of New York, "Palmer v. Amazon.com, Inc.: Memorandum Decision and Order," November 2, 2020
- ↑United States District Court for the Eastern District of New York, "Palmer v. Amazon.com, Inc.: Complaint," June 3, 2020
- ↑5.05.1Business Week, "N.Y. Catholics Groups Win Court Bar to Contraception Mandate," accessed December 19, 2013
- ↑EWTN, "What does the Church Teach about Birth Control?" February 25, 1981
- ↑Investor's Business Daily, "Catholic Groups Win First Amendment Victory Over ObamaCare," accessed December 19, 2013
| Political offices | ||
|---|---|---|
| Preceded by: Frederic Block | Eastern District of New York 2006–2020 Seat #3 | Succeeded by: NA |
| |||
|---|---|---|---|
| Active judges | Chief Judge: Margo Brodie • Roslynn Mauskopf • Ramon Reyes, Jr. • Ann M. Donnelly • Pamela Ki Mai Chen • Gary R. Brown (Federal judge) • LaShann Moutique DeArcy Hall • Diane Gujarati • Eric Komitee • Rachel Kovner • Sanket Bulsara • Hector Gonzalez (New York) • Nina Morrison • Nusrat Choudhury • Natasha Merle • Orelia Merchant | ||
| Senior judges | Raymond Dearie • Leo Glasser • Denis Hurley • Edward Korman • Carol Amon • Brian Cogan • Nicholas Garaufis • Nina Gershon • Dora Irizarry • Kiyo Matsumoto • Allyne Ross • Joanna Seybert • Eric Vitaliano • Joan Azrack • Frederic Block • William Kuntz • | ||
| Magistrate judges | Arlene Lindsay • Roanne Mann • Cheryl Pollak • Ramon Reyes, Jr. • Vera Scanlon • Steven Locke • Peggy Kuo • Steven Tiscione • Anne Shields • James Wicks • James R. Cho • Taryn A. Merkl • Marcia Henry • | ||
| Former Article III judges | Sterling Johnson • Thomas Platt • Charles Sifton • Arthur Spatt • David Trager • Jack Weinstein • Leonard Wexler • Joseph Bianco • Sandra Feuerstein • John Gleeson • Sandra Townes • Frank Altimari • Charles Linnaeus Benedict • Joseph McLaughlin (Second Circuit) • Reena Raggi • George Pratt • Asa Wentworth Tenney • Edward Beers Thomas • Thomas Chatfield • Van Vechten Veeder • Edwin Louis Garvin • Marcus Beach Campbell • Robert Alexander Inch • Grover Moscowitz • Mortimer Byers • Clarence Galston • Matthew Abruzzo • John Bartels • Frederic Block • Henry Bramwell • Walter Bruchhausen • Mark Costantino • John Dooling • Orrin Judd • Jacob Mishler • Edward Neaher • Eugene Nickerson • Leo Rayfiel • George Rosling • Anthony Travia • Joseph Zavatt • Harold Kennedy (New York) • | ||
| Former Chief judges | Raymond Dearie • Edward Korman • Thomas Platt • Charles Sifton • Jack Weinstein • Carol Amon • Dora Irizarry • Roslynn Mauskopf • Robert Alexander Inch • Walter Bruchhausen • Jacob Mishler • Joseph Zavatt • | ||
Federal courts:
Second Circuit Court of Appeals • U.S. District Court:Eastern District of New York,Western District of New York,Northern District of New York,Southern District of New York • U.S. Bankruptcy Court:Eastern District of New York,Western District of New York,Northern District of New York,Southern District of New York
State courts:
New York Court of Appeals•New York Supreme Court, Appellate Division•New York Supreme Court•New York District Courts•New York County Courts•New York City Courts•New York Town and Village Courts•New York Family Courts•New York Surrogates' Courts•New York City Civil Court•New York City Criminal Courts•New York Court of Claims•New York Problem Solving Courts
State resources:
Courts in New York •New York judicial elections •Judicial selection in New York
- Pages using DynamicPageList3 parser function
- Appointed by George W. Bush
- Confirmed 2006
- Federal Article III judges
- Federal judiciary nominee, January 2006
- Judge on senior status, United States District Court for the Eastern District of New York
- New York
- Senior federal judge
- Noteworthy case
- Eastern District of New York, Seat 3
- Judge on senior status, Eastern District of New York
