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Jon O. Newman

From Wikipedia, the free encyclopedia
American judge (born 1932)
For those of a similar name, seeJonathan Newman (disambiguation) andJohn Newman (disambiguation).
Jon Newman
Senior Judge of theUnited States Court of Appeals for the Second Circuit
Assumed office
July 1, 1997
Chief Judge of theUnited States Court of Appeals for the Second Circuit
In office
June 30, 1993 – July 1, 1997
Preceded byThomas Joseph Meskill
Succeeded byRalph K. Winter Jr.
Judge of theUnited States Court of Appeals for the Second Circuit
In office
June 21, 1979 – July 1, 1997
Appointed byJimmy Carter
Preceded bySeat established
Succeeded byRobert Katzmann
Judge of theUnited States District Court for the District of Connecticut
In office
December 15, 1971 – June 21, 1979
Appointed byRichard Nixon
Preceded byWilliam H. Timbers
Succeeded byJosé A. Cabranes
United States Attorney for theDistrict of Connecticut
In office
1964–1969
PresidentLyndon Johnson
Preceded byOwen Eagan
Succeeded byStewart Jones
Personal details
BornJon Ormond Newman
(1932-05-02)May 2, 1932 (age 93)
Spouse(s)Martha Silberman (deceased)
Ann Leventhal
Children3
EducationPrinceton University (AB)
Yale University (LLB)

Jon Ormond Newman (born May 2, 1932) is asenior United States circuit judge of theUnited States Court of Appeals for the Second Circuit.[1]

Early life and career

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Born inNew York City, Newman earned hisArtium Baccalaureus degree fromPrinceton University in 1953 and hisBachelor of Laws fromYale Law School in 1956. After Yale, heclerked for JudgeGeorge Thomas Washington of theUnited States Court of Appeals for the District of Columbia Circuit and then clerked forUnited States Supreme Court Chief JusticeEarl Warren from 1957 to 1958. Additionally, he was in theUnited States Army Reserve from 1954 to 1962.[2]

He was in private practice from 1958 to 1960 inHartford, Connecticut, and served as a graduate instructor atTrinity College.[3] He also served as special counsel to theGovernor of Connecticut in 1960. He was executive assistant to theUnited States Secretary of Health, Education, and Welfare from 1961 to 1962 and then joined the staff ofUnited States SenatorAbraham Ribicoff as administrative assistant from 1963 to 1964.[4] He was theUnited States Attorney for the District of Connecticut from 1964 to 1969 whenRichard Nixon took office. He entered private practice in Hartford again until 1971 when he was nominated to a federal district judgeship.[2]

Federal judicial service

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Newman was nominated by PresidentRichard Nixon on December 2, 1971, to a seat on theUnited States District Court for the District of Connecticut vacated by JudgeWilliam H. Timbers. He was confirmed by theUnited 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.[2]

Newman was nominated by PresidentJimmy Carter on April 30, 1979, to theUnited 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 assumedsenior status on July 1, 1997.[2]

Honor

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On December 8, 2016, at a special ceremony at theSupreme Court of the United States, JusticeElena Kagan presented to Judge Newman, on behalf of the federal judiciary, the 2016Edward 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

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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.
  • 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.[6]
  • 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 wassubject matter jurisdiction under theAlien 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 considertransformative 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) (see2009 Bronx terrorism plot)[7]
  • 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,[8] and held that the lower court had not adequately addressed separation of powers concerns in the rulings.[9]

See also

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References

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  1. ^Hearings - Volume 5. U.S. Government Printing Office. 1961. p. 90. Retrieved25 March 2021.
  2. ^abcdJon Ormond Newman at theBiographical Directory of Federal Judges, a publication of theFederal Judicial Center.
  3. ^"US Attorney Bulletin"(PDF). DOJ. Retrieved22 June 2011.
  4. ^"About the Office". 18 March 2015.
  5. ^"Judge Jon O. Newman to Receive 2016 Devitt Award".
  6. ^[1]
  7. ^"United States of America v. Cromitie (Williams)"(PDF).GPO. August 22, 2013.
  8. ^Higgins, Tucker; Breuninger, Kevin (2019-12-03)."Trump loses appeal to block Deutsche Bank, Capital One from handing his financial records to Congress".CNBC. Retrieved2019-12-16.
  9. ^"Trump v. Deutsche Bank AG".SCOTUSBLOG. Retrieved2021-04-15.

Sources

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Legal offices
Preceded by Judge of theUnited States District Court for the District of Connecticut
1971–1979
Succeeded by
New seat Judge of theUnited States Court of Appeals for the Second Circuit
1979–1997
Succeeded by
Preceded byChief Judge of theUnited States Court of Appeals for the Second Circuit
1993–1997
Succeeded by
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