Raymond Lohier

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Raymond Lohier
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Current Court Information:
United States Court of Appeals for the Second Circuit
Title:   Judge
Position:   Seat #13
Service:
Appointed by:   Barack Obama
Approval vote:   92-0
Active:   12/19/2010-Present
Preceded by:   Sonia Sotomayor
Personal History
Born:   1965
Hometown:   Montreal, Canada
Undergraduate:   Harvard University, 1988
Law School:   New York University, 1991

Raymond Joseph Lohier, Jr. is an Article III federal judge for the United States Court of Appeals for the Second Circuit. He was nominated to the court by Barack Obama in 2010. At the time of his appointment, Lohier was an Assistant U.S. Attorney with the Southern District of New York.[1]

Early life and education

Born in Montreal, Canada in 1965, Lohier graduated from Harvard College in 1988 and received his J.D. from New York University School of Law in 1991.[1][2]

Professional career

  • 1998-2000: Senior Trial Attorney

Judicial career

Second Circuit

Nomination Tracker
 Candidate:Raymond Lohier
 Court:Second Circuit
 Progress:Confirmed 284 days after nomination.
ApprovedANominated:March 10, 2010
ApprovedAABA Rating:Substantial Majority Qualified, Minority Not Qualified
ApprovedAQuestionnaire:Questionnaire
ApprovedAHearing:April 22, 2010
ApprovedAQFRs:QFRs
ApprovedAReported:May 13, 2010 
ApprovedAConfirmed:December 19, 2010
 Vote: 92-0

Lohier was nominated by President Obama on March 10, 2010, to fill a seat on the United States Court of Appeals for the Second Circuit vacated by Sonia Sotomayor.[3] Obama said of the nomination, "Raymond Lohier will... bring an unwavering commitment to fairness and judicial integrity to the federal bench."[2] The American Bar Association's substantial majority rated Lohier as Qualified, while a minority rated him as Not Qualified.[4]

Lohier had a hearing before the Senate Judiciary Committee on April 22, 2010. The Committee voted to forward his nomination to the full Senate on May 13, 2010. You can find Lohier's Committee Questionnaire available here, and his Questions for the Record available here.[5]

Lohier was confirmed by a 92-0 vote on December 19, 2010.[1][4]

Notable cases

Apple's challenge to e-book antitrust monitor (2014)

     United States Court of Appeals for the Second Circuit (U.S. v. Apple, Inc., 1:12-cv-02826-DLC)

On January 21, 2014, Judge Lohier granted a temporary stay as to the work performed by Michael Bromwich, the court-appointed monitor in the Apple e-book antitrust case. The stay was to remain in effect until a three-judge panel of the Second Circuit was available to decide whether Bromwich should be removed as monitor. In the underlying case, Judge Denise Cote found in July 2013 that Apple conspired with online publishers to fix the prices of e-books. She appointed Bromwich to oversee and monitor the company’s compliance with federal antitrust laws in October 2013. In an earlier motion filed by Apple, the company claimed that Cote’s appointment of a monitor in a civil antitrust case was unprecedented. Attorneys for Apple contested Bromwich’s hourly fee of $1,100, alleging that because of the “extremely broad powers” Cote conferred upon him, he was able to overreach in his investigations such that they bordered on interfering with the company’s daily operations. Cote denied Apple’s request to remove Bromwich as monitor just days before Lohier issued the temporary stay. In his ruling, Lohier noted that Apple’s request for Bromwich’s permanent ouster would be heard “as soon as possible” by an appellate panel. Lohier's order is available here.[6][7]


Update

On February 10, 2014, a three-judge panel of the Second Circuit composed of Judge Gerard Lynch and Senior Judges Pierre Leval and Guido Calabresi rejected Judge Lohier's stay and restored Michael Bromwich's ability to perform his duties as Apple's e-book antitrust monitor, with the understanding that Apple may pursue a further appeal to remove Bromwich from his position. In the order, the judicial panel noted that according to the government, Judge Cote's initial order was to be "interpreted narrowly." As a result, Lynch, Leval, and Calabresi agreed that as antitrust monitor, Bromwich was only to "assess the appropriateness of the compliance programs adopted by Apple and the means used to communicate those those programs to its personnel." The Second Circuit panel went on to limit Bromwich's authority, empowering him to "demand only documents relevant to his authorized responsibility . . . and to interview Apple directors, officers and employees only on subjects relevant to that responsibility."[8][9][10]

Awards and associations

  • Recipient of the Vanderbilt Medal from New York University School of Law[2]

See also

External links

References

Federal judicial offices
Preceded by:
Sonia Sotomayor
Second Circuit
2010–Current
Seat #13
Succeeded by:
NA