Second Circuit Judge Dennis Jacobs Set to Take Senior Status at End of May
The George H.W. Bush appointee's transition will provide President Donald Trump with the opportunity to pick another judge for the Second Circuit.
March 07, 2019 at 02:37 PM
4 minute read
Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit is set to take senior status at the end of May, according to a court official. The move by Jacobs, 75, who served as chief judge of the circuit from 2006 to 2013, promises to present another federal appeals court appointment opportunity for President Donald Trump.
Reached by phone Thursday afternoon, Jacobs responded to a request for comment by stating with a laugh, “No one thinks this is premature.” He said his change in status was an “appealing,” if not a momentous, change. He indicated he would continue to take on a considerable work load.
Chief Judge Robert Katzmann, who succeeded Jacobs in the role, praised his colleague's current and future efforts.
“Just as Judge Jacobs served with great distinction as an active judge, we are fortunate that he will continue to do so as a senior judge, contributing substantially as always,” the chief judge said.
The New York native was nominated to the Second Circuit in 1992 by President George H.W. Bush. Jacobs had not served as a judge prior to his nomination, having been a partner at Simpson Thacher & Bartlett for over a decade prior to his nomination.
Speaking to the Law Journal recently about his decision to take on district court cases after joining the appellate court, Jacobs credited the experience with providing him an important perspective going forward.
“You have to take charge of a courtroom, and you have to do it with confidence and decision,” he said about the responsibilities of a district judge. “You can't make dozens of rulings in the course of a day, and worry that somebody is going to rethink it all.”
Since then he says he's always made sure to have a clerk with experience working for a lower court judge “in order to make sure somebody in chambers can remind me how much time a trial judge has to make a complicated evidentiary ruling.”
As an author of panel opinions, Jacobs has left a mark on a number of important cases decided in the circuit, including a number in his area of commercial law expertise. A recent opinion in a different area of law in the circuit's 2012 United States v. Windsor helped pave the way for legal recognition and protection for same sex couples.
The panel held the federal Defense of Marriage Act's ban on federal recognition of same-sex marriages was unconstitutional on equal protection grounds. The U.S. Supreme Court would go on to uphold the Second Circuit's ruling.
Jacobs' expected transition to senior status will provide Trump with his fourth chance to appoint a new judge to the Second Circuit. Judge Richard Sullivan was nominated by the president in April 2018, and joined the bench after being confirmed in September.
Two additional judge nominations are currently making their way through the nomination process. U.S. District Judge Joseph Frank Bianco of the Eastern District of New York and Consovoy McCarthy Park name attorney Michael Park were both voted out of the U.S. Senate judiciary committee on Thursday, and now await a full Senate vote ahead of joining the circuit bench.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBig Law Partner Presented With State Bar's Scheindlin Award
'A World of Credit': Ex-FTX Executive Gary Wang Sentenced to Time Served Following Cooperation
Manhattan Prosecutors Say They Will Oppose Efforts by Trump Legal Team to Dismiss Case
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250