Lewis Kaplan
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Lewis Kaplan is a federal judge for the United States District Court for the Southern District of New York. He joined the Court in 1994 after being nominated by President Bill Clinton.
Early Life and Education
Born in Staten Island, New York, Kaplan graduated from Rochester with his Bachelor's degree in 1966 and later graduated from Harvard Law School with his Juris Doctor degree in 1969.[1]
Legal Career
Kaplan was a law clerk for former Federal Appeals Judge Edward McEntee for the United States Court of Appeals for the First Circuit from 1969 to 1970 before entering private practice in New York City from until 1994. [1]
Federal Judicial Career
On the recommendation of U.S. Senator Daniel Patrick Moynihan, Kaplan was nominated to the United States District Court for the Southern District of New York by Bill Clinton on May 5, 1994 to a seat vacated by Gerard Goettel. Kaplan was confirmed by the U.S. Senate on August 9, 1994 on a majority voice vote and received commission on August 10, 1994. [2].
Notable cases
Cyclist rights case
Judge Kaplan ruled on February 16, 2010 that the City of New York did not violate the First Amendment over a law requiring cycling groups of 50 or more to have a permit to be in parades. Groups, including the Five Borough Bicycle Group, sued the city over what they called a "bureaucratic nightmare" in getting permits approved. Despite the fact that judge was sympathetic to cycling groups, Kaplan ruled that the City of New York did not violate the First Amendment in passing the new law in 2007[3].
Lehman Brothers case
Judge Kaplan threw out a lawsuit on January 2, 2010 involving participants of Lehman Brothers retirement plan against fund directors for failing to protect the plan when knowing of the deteriorating condition of the funds. Participants of the fund were seeking to recover damages that directors violated the Employee Retirement Security Act. There was not enough evidence according to the judge's ruling to determine if Lehman's fund managers were found negligent in handling the retirement funds[4].
Guantanamo Bay detainee
Judge Kaplan will be the first federal judge to preside in a trial of a Guantanamo Bay detainee. On July 2, 2009, Judge Kaplan set a September 13, 2010 trial date for Ahmed Ghailani. Ghailani is charged with in killing 224 people in Tanzania and Kenya which included 12 Americans[5].
On November 19, 2009, the judge ruled against a request for military attorneys to be used as Ghailani's legal counsel. The judge ruled that if military counsel represented Ghailani then his Fifth and Sixth Amendment rights would be violated towards due process and effective legal counsel. Despite his ruling, the judge raised questions about how prosecutors for the government have handled the case[6].
External Links
- Judge Lewis Kaplan Federal Judicial Center Biography
- List of Article III Judges of the Southern District of New York
- The Robing Room- Rate Judge Kaplan
References
- ↑ 1.0 1.1 Judge Lewis Kaplan Federal Judicial Center Biography
- ↑ "THOMAS" Lewis Kaplan USDC, SDNY confirmation: PN1356-103
- ↑ New York Times "Judge Rules Against Cyclists", February 16, 2010
- ↑ Wall Street Journal "Judge Dismisses Lehman Retirement Plan Suit Against Directors ", February 2, 2010
- ↑ New York Daily News "First trial of Guantanamo Bay detainee, Ahmed Ghailani, set for September, 2010", July 3, 2009
- ↑ JURIST "Federal judge rules against military lawyers for former Guantanamo detainee", December 9, 2009
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