Joseph Edward Lumbard Jr. | |
|---|---|
| Senior Judge of theUnited States Court of Appeals for the Second Circuit | |
| In office July 20, 1971 – June 3, 1999 | |
| Chief Judge of theUnited States Court of Appeals for the Second Circuit | |
| In office 1959–1971 | |
| Preceded by | Charles Edward Clark |
| Succeeded by | Henry Friendly |
| Judge of theUnited States Court of Appeals for the Second Circuit | |
| In office July 12, 1955 – July 20, 1971 | |
| Appointed by | Dwight D. Eisenhower |
| Preceded by | John Marshall Harlan II |
| Succeeded by | William Hughes Mulligan |
| Personal details | |
| Born | Joseph Edward Lumbard Jr. (1901-08-18)August 18, 1901 New York City, New York, U.S. |
| Died | June 3, 1999(1999-06-03) (aged 97) Fairfield, Connecticut, U.S. |
| Political party | Republican |
| Education | Harvard University (AB,LLB) |
Joseph Edward Lumbard Jr. (August 18, 1901 – June 3, 1999) was aUnited States circuit judge of theUnited States Court of Appeals for the Second Circuit.
Born on August 18, 1901, inHarlem,New York City,New York, Lumbard attendedDeWitt Clinton High School inThe Bronx.[1] He received anArtium Baccalaureus degree in 1922 fromHarvard University and, after attending theFordham University School of Law, received aBachelor of Laws fromHarvard Law School. In 1920, while an undergraduate at Harvard University, he was expelled by its"Secret Court" of 1920 for associating with a group of homosexuals, including his roommate.[2] He was readmitted a year later. He was anAssistant United States Attorney for the Southern District of New York from 1925 to 1927 and again from 1931 to 1933, serving as Chief of the Criminal Division from 1931 to 1933. He served as a special assistant attorney general for the State of New York from 1928 to 1929, in 1930, in 1936 and in 1942. He also served as President of theNew York Young Republican Club from 1929 to 1930.[3]
He was in private practice in New York City from 1929 to 1931 and again from 1933 to 1953. In 1933, he became a founding partner in the law firm ofDonovan, Leisure, Newton & Lumbard.[1] He served as an assistant campaign manager forThomas E. Dewey's unsuccessful campaign for president in 1944.[citation needed] He was a Justice of theNew York Supreme Court in 1947. He was theUnited States Attorney for the Southern District of New York from 1953 to 1955.[4]
Lumbard was nominated by PresidentDwight D. Eisenhower on May 13, 1955, to a seat on theUnited States Court of Appeals for the Second Circuit vacated by JudgeJohn Marshall Harlan. He was confirmed by theUnited States Senate on July 11, 1955, and received his commission on the next day. He served as Chief Judge from 1959 to 1971. He was a member of theJudicial Conference of the United States from 1960 to 1971. He assumedsenior status on July 20, 1971. His service terminated on June 3, 1999, due to his death inFairfield,Connecticut.[4]
One landmark decision penned by Lumbard wasModern Settings v. Prudential (1991), which dealt with a dispute between an investor and a broker over alleged unauthorized trading.[5]
The customer agreement between the parties provided "Reports of the execution of orders and statements of my account shall be conclusive if not objected to within five days and ten days, respectively, after transmittal to me (Modern Settings) by mail or otherwise."
Lumbard held that such a contract clause is presumptively enforceable. It is reasonable to require that a customer memorialize his objections so courts will not become a forum for endless swearing contests between brokers and customers.
On the other hand, he allowed for the possibility of the invalidity of such a clause in some cases. "There will be instances where a disparity in sophistication between a brokerage firm and its customer will warrant a flexible application of such written notice clauses.... Similarly, we do not foreclose the possibility that a broker may be estopped from raising a defense based on the written notice clause if the broker's own assurances of deceptive acts forestall the customer's filing of their required written complaint."
He declined a request from President Nixon to be thespecial prosecutor in the infamousWatergate scandal, a job that was later taken up byArchibald Cox.[6] In 1959, he was appointed to theHarvard Board of Overseers and served for ten years.[2] From 1964 to 1968, He was chairman of theAmerican Bar Association's Committee to Develop Minimum Standards for Criminal Justice. In 1968, he was awarded the A.B.A.'s gold medal for his contributions to justice administration.[7]
| Legal offices | ||
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| Preceded by | Judge of theUnited States Court of Appeals for the Second Circuit 1955–1971 | Succeeded by |
| Preceded by | Chief Judge of theUnited States Court of Appeals for the Second Circuit 1959–1971 | Succeeded by |
| International | |
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| National | |
| Other | |
