Robert Gettleman

Robert Gettleman
Do you have a photo that could go here? Submit it for this profile by emailing us!
Current Court Information:
United States District Court for the Northern District of Illinois
Title:	Senior Judge
Position:	Seat #8
Service:
Appointed by:	Bill Clinton
Active:	10/11/1994 - 5/5/2009
Senior:	5/5/2009 - Present
Preceded by:	John F. Grady
Succeeded by:	Gary Feinerman
Personal History
Born:	1943
Home State:	Atlantic City, NJ
Undergraduate:	Boston U., B.S./B.A., 1965
Law School:	Northwestern U. School of Law, J.D., 1968

Robert William Gettleman is an Article III federal judge in the United States District Court for the Northern District of Illinois, one of the busiest federal courts in the nation. He joined the court in 1994 after being nominated by President Bill Clinton. On May 5, 2009 Gettleman assumed senior status.

Early life and education

Gettleman received his undergraduate degree in 1965 from Boston University. He earned his Juris Doctor from Northwestern University Law School in 1968.

Professional career

From 1868 to 1970, Gettleman served as a law clerk for two former federal court of appeals judges, Latham Castle and Luther Swygert in the United States Court of Appeals for the Seventh Circuit. From 1970 to 1994, Gettleman was a private practice attorney in Chicago.

Judicial career

Northern District of Illinois

Upon the recommendation of former Illinois U.S. Senator Carol Mosley Braun, Gettleman was nominated to the United States District Court for the Northern District of Illinois by President Bill Clinton on August 16, 1994, to a seat on the court vacated by John F. Grady. Gettleman was confirmed by the U.S. Senate on October 7, 1994, and received his commission on October 11, 1994. He assumed senior status on May 5, 2009.

Notable cases

A notable case on this page needs to be updated.

---

Abbott Labs allegedly attempts to avoid paying employee benefits

United States District Court for the Northern District of Illinois      *[ Myla Nauman, et al., v. Abbott Laboratories, and Hospira Inc.,] 04-cv-7199

In July of 2008, Gettleman presided over a case involving Abbott Laboratories and Hospira. The case involved whether Hospira deprived payments of health and retirement security benefits to employees and retirees and also called into question if the case violated EIRSA (Employment Insurance Reitrement Security Act). Judge Gettleman denied Abbott's and Hospira's motions for a summary judgment because he concluded that there were genuine disputes between plaintiffs' and defendants' versions of the facts that needed to be resolved at trial. "The Court's ruling clears the last remaining hurdle for the plaintiffs to seek restitution for Abbott Labs' violations of federal law that caused 10,000 people to lose valuable retirement benefits," said Steven Sprenger, counsel for the plaintiffs at the law firm Sprenger + Lang. "We are anxious to get this case to trial as quickly as possible." To reach this stage, plaintiffs have had to overcome Abbott's and Hospira's "scorched earth" defense of the claims that has strung out the litigation for almost four years since their complaint was filed in November 2004. First, Judge Gettleman denied defendants' motions to dismiss the claims. Then, in December 2005, he granted plaintiffs' motion to certify a class of about 10,000 persons, a decision that the Seventh Circuit Court of Appeals refused to disturb when challenged by defendants. And now, after the discovery process has been completed, he denied defendants' motions for summary judgment.

Chicago Sanitation Commish. corruption trial

United States District Court for the Northern District of Illinois      *Unites States, v. Alfred Sanchez and Aaron Delvalle 07-cr-0149

On December 22, 2009, Judge Gettleman issued an order that former Chicago Streets Commissioner Al Sanchez should be have a new trial after evidence found that a government witness lied during his first trial. In ordering a new trial, Gettleman also threw out the conviction of Al Sanchez. What led to Sanchez having his conviction thrown out was Brian Gabriel lying to a judge about criminal activity he engaged in. The judge scheduled Sanchez's new trial to begin on July 6, 2010.

Required moment of silence ruled unconstitutional

United States District Court for the Northern District of Illinois      *Dawn S. Sherman, a minor, through Robert I Sherman, v. Township High School District 2014, et al. 1:07-cv-06048

In November of 2007, Gettleman issued a preliminary injunction barring a suburban school district in the Chicago-land region from implementing a recent Illinois law mandating a moment of silence at the start of classes, calling the statute too vague and "likely unconstitutional." U.S. District Judge Robert Gettleman made the decision at a hearing on a lawsuit brought by local atheist activist Rob Sherman over issues related to the separation of church and state. Sherman sued Township High School District 214, in which his daughter is a freshman at Buffalo Grove High School. Gettleman said the Silent Reflection and Student Prayer Act isn't specific enough about what is a "moment" and when it should take place. It also may cross the line into unconstitutionality by giving students a choice to pray, the judge said. The statute states that students shall be given an opportunity for silent prayer or reflection on the anticipated activities of the day. That would in essence tell a child "you've got to think about praying," Gettleman said. In May of 2008, Gettleman ruled the statewide ban fully unconstitutional, barring all Illinois school districts from a mandated moment of silence. Still there is an appeal pending to reverse the judge's decision.

Kevin Trudeau: infomercial fraudster case

United States District Court for the Northern District of Illinois      *[ Federal Trade Commission, v. Kevin Trudeau] 1:03-cv-03904

Judge Gettleman is the presiding judge in the case of famed television pitchman Kevin Trudeau. Trudeau was sued by the Federal Trade Commission over deceptive business practices. The judge found Trudeau in contempt of court on February 10, 2010 after failing to show up in court on short notice to explain why thousands of his customers sent him e-mails in support of Trudeau. As a result of the actions, the judge is asking Trudeau to come up with $50,000 for bail and to surrender his passport on February 11, 2010. Gettleman sentenced Trudeau to 30 days in prison on February 17, 2010 and Trudeau was ordered to turn himself in to federal authorities by February 18, 2010. Trudeau's attorney filed an emergency appeal to the Seventh Circuit Court of Appeals. Only hours before Trudeau was expected to report to the Metropolitan Correctional Center in Chicago to begin serving his sentence, the Seventh Circuit reversed Judge Gettleman's ruling. As an order of the Seventh Circuit ruling, Trudeau is expected to post bail and surrender his passport along with no contact via e-mail with Judge Gettleman. The Seventh Circuit scheduled another hearing for February 23, 2010 Judge Gettleman dismissed a request from Trudeau to travel to Canada for business engagements on February 24, 2010. Gettleman ordered that Trudeau had to remain in the Northern District of Illinois while the Seventh Circuit deliberated on his appeal. A three-judge panel from the Seventh Circuit ordered, on May 20, 2010, the contempt of court conviction issued by the judge to be thrown out.

Red light camera suit

United States District Court for the Northern District of Illinois      *[ Parveen Idris, et al. v. City of Chicago, et al.] 1:06-cv-06085
In January of 2008, Robert Gettleman dismissed a lawsuit that challenged the constitutionality of the City of Chicago's method of using cameras to ticket drivers who fail to obey red lights, according to the Chicago Daily Law Bulletin. Judge Gettlemam ruled that the plaintiffs complaint failed to state claims based on equal protection and substantive due process.

See also

• United States District Court for the Northern District of Illinois

External links

• Gettleman Biography from the Federal Judicial Center

References

Federal judicial offices
Preceded by: John F. Grady	Northern District of Illinois 1994–2009 Seat #8	Succeeded by: Gary Feinerman