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|United States Court of Appeals for the Second Circuit|
|Appointed by:||Barack Obama|
|Preceded by:||Sonia Sotomayor|
|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.
Early life and education
- 2000-2010: Assistant U.S. Attorney, Southern District of New York
- 1997-2000: Trial attorney, Civil Rights Division, U.S. Department of Justice
- 1998-2000: Senior Trial Attorney
- 1993-1997: Private practice, Cleary, Gottlieb, Steen & Hamilon, New York City
- 1992-1993: Law clerk, Hon. Robert Patterson, U.S. District Court, Southern District of New York
- 1991-1992: Private practice, New York City
|Progress:||Confirmed 284 days after nomination.|
|Nominated:||March 10, 2010|
|ABA Rating:||Substantial Majority Qualified, Minority Not Qualified|
|Hearing:||April 22, 2010|
|Reported:||May 13, 2010|
|Confirmed:||December 19, 2010|
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. Obama said of the nomination, "Raymond Lohier will... bring an unwavering commitment to fairness and judicial integrity to the federal bench." The American Bar Association's substantial majority rated Lohier as Qualified, while a minority rated him as Not Qualified.
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.
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.
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."
Awards and associations
- Recipient of the Vanderbilt Medal from New York University School of Law
- Raymond Joseph Lohier, Jr. biography from the Federal Judicial Center
- White House Press Release, "President Obama Nominates Raymond Lohier, Jr. for the United States Court of Appeals for the Second Circuit, Judge Kate O'Malley for the United States Court of Appeals for the Federal Circuit," March 10, 2010
- White House Press Release, "Presidential Nominations Sent to the Senate," March 10, 2010
- United States Senate Committee on the Judiciary, "Judicial Nomination Materials: 111th Congress," accessed February 17, 2014 (dead link)
- Blog of Legal Times, "2nd Circuit Is Back in Democrats' Hands," December 20, 2010
- New York Times, "Apple Wins Temporary Stay on Court Monitor," January 21, 2014
- New York Times, "Secretive Apple Squirms in Gaze of U.S. Monitor," January 13, 2014
- Star Tribune, "Federal appeals panel in NY restores Apple monitor but spells out limits to his authority," February 10, 2014 (dead link)
- Reuters, "Apple loses latest bid to block e-books antitrust monitor," February 10, 2014
- New York Times, "Court Rejects Apple Appeal in E-Book Case," February 10, 2014
|Vacancy Count by Congress|
|Vacancy Count by Year||Federal Vacancy Warning System: 2009 • Federal Vacancy Warning System: 2010 • Federal Vacancy Warning System: 2011 • Federal Vacancy Warning System: 2012|