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Paul Crotty

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Paul Crotty

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Nonpartisan

United States District Court for the Southern District of New York (senior status)
Tenure

2015 - Present

Years in position

10

Prior offices
United States District Court for the Southern District of New York

Education

Bachelor's

University of Notre Dame, 1962

Law

Cornell Law School, 1967

Personal
Birthplace
Buffalo, N.Y.


Paul Austin Crotty is a federal judge on senior status with the United States District Court for the Southern District of New York. He joined the court in 2005 after being nominated by President George W. Bush.

Early life and education

Born in Buffalo, New York, Crotty graduated from the University of Notre Dame with his bachelor's degree in 1962 and from Cornell Law School with his LL.B. in 1967.[1]

Military service

Crotty served in the U.S. Naval Reserve from 1962 to 1968.[1]

Professional career

  • 2015 - Present: Senior judge
  • 2005-2015: Judge
  • 1997-2005: Group president, Verizon Communications, New York and Connecticut region
  • 1994-1997: Corporation counsel, New York, N.Y.
  • 1988-1993: Private practice, New York, N.Y.
  • 1984-1988: Office of Financial Services, New York, N.Y.
  • 1986-1988: Commissioner of Housing Preservation and Development
  • 1984-1986: Commissioner of Finance
  • 1984: Commissioner

Judicial career

Southern District of New York

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Paul A. Crotty
Court: United States District Court for the Southern District of New York
Progress
Confirmed 216 days after nomination.
ApprovedANominated: September 7, 2004
ApprovedAABA Rating: Unanimously Well Qualified
Questionnaire:
ApprovedAHearing: November 16, 2004
QFRs: (Hover over QFRs to read more)
ApprovedAReported: March 17, 2005 
ApprovedAConfirmed: April 11, 2005
ApprovedAVote: 95-0
DefeatedAReturned: December 8, 2004

Crotty was first nominated to the United States District Court for the Southern District of New York by President George W. Bush on September 7, 2004, to a seat vacated by Harold Baer. The American Bar Association rated Crotty Unanimously Well Qualified for the nomination. Hearings on Crotty's nomination were held before the Senate Judiciary Committee on November 16, 2004. Under provisions of Rule XXXI, paragraph six of the standing rules of the Senate, Crotty's nomination was returned to the president on December 8, 2004. President Bush resubmitted the nomination on February 14, 2005, and Crotty's nomination was reported by U.S. Sen. Arlen Specter (R-Pa.) on March 17, 2005, without additional hearings. Crotty was confirmed on a recorded 95-0 vote of the U.S. Senate on April 11, 2005, and he received his commission on April 15, 2005. Crotty elected to take senior status beginning on August 1, 2015.[1][2][3][4]

Noteworthy cases

District judge issues temporary restraining order in Dallas Cowboys' RB case (2017)
See also: United States District Court for the Southern District of New York (National Football League Management Council v. National Football League Players' Association)

On October 17, 2017, Judge Paul Crotty issued a temporary restraining order preventing the National Football League (NFL) from enforcing a six-game suspension of Ezekiel Elliott, a running back for the Dallas Cowboys. The NFL suspended Elliott for six games of the NFL's 16-game season for violations of the league's personal conduct policy, which was collectively bargained between the league and the players' representative negotiating body, the National Football League Players' Association (NFLPA). Elliott initially appealed his suspension in a Texas-based federal district court. A judge granted Elliott a preliminary injunction preventing enforcement of the suspension, but a three-judge panel of the Fifth Circuit Court of Appeals reversed the decision, holding that the court lacked subject-matter jurisdiction.

Elliott subsequently filed for a preliminary injunction in the Southern District of New York, which was the federal court with geographic and subject-matter jurisdiction over the NFL's Manhattan-based league offices from where the decision to suspend Elliott came down. Pursuant to a hearing before Judge Crotty, Crotty issued a temporary restraining order against the league. The order suspended enforcement of Elliott's suspension for two weeks and required the NFL to show cause for the suspension in proceedings before Judge Katherine Failla, the presiding judge in the case who was on vacation when Elliott's hearing was conducted. The temporary restraining order was effective until October 30, 2017, absent a ruling from Judge Failla on Elliott's motion for a preliminary injunction.[5][6]

In an opinion accompanying the order, Judge Crotty stated that Elliott had "raised significant issues implicating the fundamental fairness of the arbitration proceeding" to which Elliott was subjected and that Elliott "was deprived of opportunities to explore pertinent and material evidence, which raises sufficiently serious questions."[6]

Judge strikes down New York's campaign contribution limits as to individual groups (2014)
See also: United States District Court for the Southern District of New York (New York Progress and Protection PAC v. Walsh et al., 1:13-cv-06769-PAC)

On April 24, 2014, Judge Crotty found that the State of New York's $150,000 yearly limit on campaign contributions to independent groups was unconstitutional under the First Amendment in light of the U.S. Supreme Court's ruling in McCutcheon v. Federal Election Commission.[7][8]

In the fall of 2013, the New York Progress and Protection PAC (NYPPP), a group that supported conservative candidate Joe Llota's failed bid for the New York City mayorship, filed suit seeking an injunction against the state's election laws, specifically requesting that the six-figure cap on campaign contributions be suspended.[7][8] NYPPP did not initially receive its injunction, but when the case was brought to the Second Circuit, the appeals court found that the law that limited financial contributions was likely unconstitutional and, in October 2013, lifted the cap for the duration of the New York City mayoral election.[9]

When the case returned to federal district court, Judge Crotty noted, "Our Supreme Court has made clear that only certain contribution limits comport with the First Amendment." Crotty granted NYPPP a motion for summary judgment, effectively striking down New York's campaign contribution limits as to individual groups.[7][8]

A spokesperson for New York Attorney General Eric Schneiderman expressed his disappointment with the decision.[7][8] Shaun McCutcheon, the plaintiff in the U.S. Supreme Court case, pledged to contribute at least $200,000 to NYPPP during Llota's campaign for the New York City mayorship.[7][9]

Bristol-Myers Squibb Plavix case (2009)
See also: United States District Court for the Southern District of New York (Sanofi-Aventis v. Apotex Inc., No. 02 Civ. 2255 (SHS))

Judge Crotty was the presiding judge in a case involving Bristol-Myers Squibb (BMS) in a patent dispute with Canadian drug maker Apotex over the blood thinner Plavix. On August 18, 2009, Judge Crotty approved a preliminary settlement where BMS and its former chief executive would pay $125 million in damages to settle litigation against Aptoex. The settlement came after a 2007 case in which BMS was fined $1 million by the Federal Trade Commission over making false statements in a failed settlement attempt with Aptoex.[10]

Arkansas lawyer case (2009)
See also: United States District Court for the Southern District of New York (USA v. Cauley (2009), 1:09-cr-00551-PAC)

Judge Crotty presided in the trial of former Arkansas lawyer Gene Cauley. Cauley was convicted of wire fraud and contempt of court. Cauley, who pleaded guilty, stole $9.3 million from a class-action escrow account. Cauley had this to say about his crimes,

“ I built several businesses. I went through a cash-flow crisis... Rather than swallow my pride and lay off dozens of people, rather than embarrassing myself, this is what I did.[11][12] ”
On November 23, 2009, Cauley was sentenced to seven years in federal prison and ordered to repay the $9.3 million dollars.[13]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Federal Judicial Center, "Biography of Judge Paul Austin Crotty," accessed July 10, 2017
  2. ↑ United States Congress, "PN 1854 — Paul A. Crotty — The Judiciary," accessed July 10, 2017
  3. ↑ 'United States Congress, "PN 211 — Paul A. Crotty — The Judiciary," accessed July 10, 2017
  4. ↑ American Bar Association, "Ratings of Article III judicial nominees, 108th Congress," accessed July 10, 2017
  5. ↑ The Kansas City Star, "Cowboys' Elliott gets another reprieve, will play vs 49ers," October 17, 2017
  6. ↑ 6.0 6.1 U.S. District Court for the Southern District of New York, National Football League Management Council v. National Football League Players Association - Opinion and order, October 17, 2017
  7. ↑ 7.0 7.1 7.2 7.3 7.4 New York Times, "Judge Rejects New York Limit on Donations to ‘Super PACs’," April 24, 2014
  8. ↑ 8.0 8.1 8.2 8.3 Courthouse News Service, "Judge Ruefully Dissolves 'Super PAC' Limits in NY," April 25, 2014
  9. ↑ 9.0 9.1 New York Times, "Court Lifts Limit on Contributing to Pro-Lhota PAC," October 24, 2014
  10. ↑ CNN Money, "Preliminary Approval Given To Bristol-Myers Holder Pacts," August 18, 2009
  11. ↑ Wall Street Journal, "Lawyers Gone Bad: Gene Cauley Gets 7 Years in Prison," November 23, 2009
  12. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  13. ↑ KFSM, "NY federal judge orders ex-lawyer from Arkansas to serve 7 years in prison," 2009 (dead link)
Political offices
Preceded by:
Harold Baer 		Southern District of New York
2005–2015 		Succeeded by:
Lewis Liman



New York courts

Federal courts:

Second Circuit Court of Appeals • U.S. District Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York • U.S. Bankruptcy Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York

State courts:

New York Court of Appeals • New York Supreme Court, Appellate Division • New York Supreme Court • New York County Courts • New York City Courts • New York Town and Village Courts • New York Family Courts • New York Surrogates' Courts • New York City Civil Court • New York City Criminal Courts • New York Court of Claims • New York Problem Solving Courts

State resources:

Courts in New York • New York judicial elections • Judicial selection in New York

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