Martin Feldman
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Martin Leach-Cross Feldman is an Article III federal judge for the United States District Court for the Eastern District of Louisiana. He joined the court in 1983 after being nominated by President Ronald Reagan.
Early life and education
Born in St. Louis, Missouri, Feldman graduated from Tulane University in New Orleans, Louisiana with his Bachelor's degree in 1955 and his Juris Doctor degree in 1957.[1]
Professional career
- U.S. Army Reserve Captain, JAG Corps, 1957-1963
- Law clerk, Hon. John Minor Wisdom, U.S. Court of Appeals, 5th Circuit, 1957-1959
- Private practice, New Orleans, Louisiana, 1959-1983 [1]
Federal judicial career
Feldman was nominated to the United States District Court for the Eastern District of Louisiana by President Ronald Reagan on September 9, 1983 to a seat vacated by Jack Gordon. Feldman was confirmed by the U.S. Senate on October 4, 1983 on a Senate vote and received commission on October 5, 1983.[1]
Notable cases
Clipper Estates case
Judge Feldman dismissed a lawsuit filed by fifty people who live in Clipper Estates in suburban New Orleans under allegations of violations of the Racketeering Influenced and Corrupt Organizations (RICO) Act. The residents sued on allegations that the owner of Clipper Estates - also the President of the New Orleans Home Builders Association - used money he assessed against them after Hurricane Katrina for personal purposes instead of improving the subdivision as he promised. Feldman dismissed the lawsuit claiming the plaintiffs had no standing under RICO; it is unknown if attorneys for the homeowners will file an appeal to the Fifth Circuit. [2]
BP oil spill
Judge Feldman blocked a six-month moratorium that the Obama administration placed on new deepwater drilling projects in response to the 2010 BP oil spill in the Gulf of Mexico. [3] Feldman ruled that the Interior Department failed to provide adequate reasoning for the moratorium, saying that "If some drilling equipment parts are flawed, is it rational to say all are? Are all airplanes a danger because one was? All oil tankers like Exxon Valdez? All trains? All mines? That sort of thinking seems heavy handed and rather overbearing". [4]
The Department of the Interior has said that they will immediately appeal the decision to the Fifth Circuit. Interior Secretary Ken Salazar says he plans to write a more thorough order in support of the moratorium for the appeal. [5]
After the ruling by Feldman, his investments and stocks were analyzed, showing that in 2009 he held stocks of companies that would be affected by his ruling. Judge Feldman insists that he found out about these holdings on June 21, and contacted his broker to sell them on the morning of June 22. According to the Wall Street Journal, "Under federal law, federal judges are prohibited from deciding cases in which they have financial interests in the parties or the outcome of the case. They are also prohibited from deciding cases in which there is the appearance of a conflict." [6] Because of the questions surrounding the status of his financial holdings, environmental groups have asked that Feldman recuse himself from the case and suspend his ruling. [7]
Feldman announced that he will not recuse himself from the case, saying, "The motion for disqualification is without merit." [8]
External links
- Judge Feldman USDC, EDLA profile
- The Robing Room- Rate Judge Feldman
- Gavel Grab, "Groups Ask Judge to Disclose Energy Interests", June 24, 2010
References
- ↑ 1.0 1.1 1.2 Judge Feldman's Biography from the Federal Judicial Center.
- ↑ "NOLA.com" Clipper Estates lawsuit dismissed by federal judge, September 14, 2009
- ↑ Associated Press "Judge block Gulf offshore drilling moratorium", June 22, 2010
- ↑ Hornbeck Offshore Services vs Salazar et al
- ↑ Voice of America "Obama Administration to Appeal Overturn of Deepwater Drilling Ban", June 23, 2010
- ↑ The Wall Street Journal, "Groups Seek Judge's Removal in Drilling-Moratorium Case .", July 2, 2010
- ↑ Gavel Grab, "Groups Seek Recusal by Judge in Drilling-Ban Case", July 5, 2010
- ↑ Business Week, "Drilling Ban Judge Won't Step Down Due to Investments", July 19, 2010
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