Chester Straub

Chester Straub
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Current Court Information:
United States Court of Appeals for the Second Circuit
Title:	Senior Judge
Position:	Seat #8
Station:	New York, NY
Service:
Appointed by:	Bill Clinton
Active:	6/3/1998 - 7/16/2008
Senior:	7/16/2008 - Present
Preceded by:	Joseph McLaughlin
Succeeded by:	Gerard Lynch
Personal History
Born:	1937
Home State:	Brooklyn, NY
Undergraduate:	St. Peter's College, B.A., 1958
Law School:	U. of Virginia Law, LL.B., 1961

Chester J. Straub (b. 1937) is a federal appeals judge for the United States Court of Appeals for the Second Circuit based in New York City. Straub is serving on senior status. He joined the Court in 1998 after being nominated by President Bill Clinton. At the time of appointment, he was a private practice attorney in New York City. He assumed senior status on July 16, 2008.

Early life and education

Born in Brooklyn, New York, Straub graduated from St. Peter`s College with his Bachelor's degree in 1958 and received a Bachelor's of Laws, LL.B., degree from University of Virginia School of Law in 1961.

Professional career

Straub was a private practice attorney in New York City, New York from 1963 to 1998 and was an elected Member of the New York State Assembly from 1967 to 1972. Straub also served as a Member of the New York State Senate from 1973 to 1975.

Judicial career

Second Circuit

On the recommendation of New York U.S. Senator Daniel Patrick Moynihan, Straub was nominated to the United States Court of Appeals for the Second Circuit by President Bill Clinton on February 11, 1998 to a seat vacated by Joseph McLaughlin. Straub was confirmed by the Senate on June 1, 1998 on a Senate voice vote and received commission on June 3, 1998. Straub assumed senior status on July 16, 2008. He was succeeded to this post by Gerard Lynch.

Notable cases

Citigroup liability case

United States Court of Appeals for the Second Circuit      *In re Citigroup ERISA Litigation 662 F. 3d 128

Judge Walker authored the Second Circuit Court's opinion in a ruling declaring that Citigroup was not liable to workers who lost money on their 401(k) plans due to the company's exposure to toxic debt. The court split 2-1 in the decision, with Judge Jose Cabranes agreeing with Judge Walker and Judge Chester Straub dissenting. The case was brought under the Employee Retirement Income Security Act of 1974 by workers who claimed that Citigroup should not have offered bank stock in its retirement plans because it knew its subprime mortgage exposure made the stock a dangerous investment. The court disagreed, Judge Walker wrote that the workers did not show that Citigroup "either knew or should have known that Citigroup was in the sort of dire situation that required them to override plan terms in order to limit participants' investments in Citigroup stock." Marc Machiz, a lawyer for the plaintiffs, said he expects the case to be reheard by the full Second Circuit Court. Judge Cabranes sided with with Judge John Walker in the Second Circuit Court's ruling declaring that Citigroup was not liable to workers who lost money on their 401(k) plans due to the company's exposure to toxic debt. The court split 2-1 in the decision, with Judge Cabranes and Judge Walker on one side, and Judge Chester Straub dissenting. The case was brought under the Employee Retirement Income Security Act of 1974 by workers who claimed that Citigroup should not have offered bank stock in its retirement plans because it knew its subprime mortgage exposure made the stock a dangerous investment. Judge Walker, who authored the court's opinion, wrote that the workers did not show that Citigroup "either knew or should have known that Citigroup was in the sort of dire situation that required them to override plan terms in order to limit participants' investments in Citigroup stock." Marc Machiz, a lawyer for the plaintiffs, said he expects the case to be reheard by the full Second Circuit Court. Judge Straub was the dissenting voice in a 2-1 split in the Second Circuit Court's ruling declaring that Citigroup was not liable to workers who lost money on their 401(k) plans due to the company's exposure to toxic debt. The case was brought under the Employee Retirement Income Security Act of 1974 by workers who claimed that Citigroup should not have offered bank stock in its retirement plans because it knew its subprime mortgage exposure made the stock a dangerous investment. Judge John Walker, who authored the court's opinion, wrote that the workers did not show that Citigroup "either knew or should have known that Citigroup was in the sort of dire situation that required them to override plan terms in order to limit participants' investments in Citigroup stock." Judge Walker was joined by Judge Jose Cabranes in the opinion. Marc Machiz, a lawyer for the plaintiffs, said he expects the case to be reheard by the full Second Circuit Court.

See also

• United States Court of Appeals for the Second Circuit

External links

• Judge Chester Straub Federal Judicial Center Biography

References

Federal judicial offices
Preceded by: Joseph McLaughlin	Second Circuit 1998–2008 Seat #8	Succeeded by: Gerard Lynch