John B. Owens
2014 - Present
10
John Byron Owens is a federal judge for the United States Court of Appeals for the 9th Circuit. Prior to joining the court, Owens was a litigation partner in the Los Angeles-based office of Munger, Tolles & Olson LLP.
Early life and education
Born in Washington, D.C., Owens earned his B.A., with high distinction, from the University of California, Berkeley, in 1993, and his J.D. from Stanford Law School in 1996, graduating first of his class.[1]
Professional career
- 2012-2014: Partner, Munger, Tolles & Olson LLP
- 2004-2012: Assistant U.S. attorney, Southern District of California
- 2010-2011: Chief, criminal division
- 2008-2010: Deputy chief, major frauds section
- 2001-2004: Assistant U.S. attorney, Central District of California
- 2000-2001: Litigation associate, O’Melveny & Myers LLP
- 1998-1999: Trial attorney, U.S. Department of Justice
- 1997-1998: Law clerk, Hon. Ruth Bader Ginsburg, Supreme Court of the United States
- 1996-1997: Law clerk, Hon. J. Clifford Wallace, United States Court of Appeals for the 9th Circuit[1]
Judicial career
Ninth Circuit Court of Appeals
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| Nominee Information |
| Name: John B. Owens |
| Court: United States Court of Appeals for the 9th Circuit |
| Progress |
| Confirmed 242 days after nomination. |
 Nominated: August 1, 2013
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| ABA Rating: Unanimously Well Qualified
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| Questionnaire: Questionnaire |
| Hearing: October 30, 2013
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| QFRs: QFRs (Hover over QFRs to read more) |
| Reported: January 14, 2014
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| Confirmed: March 31, 2014
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| Vote: 56-43
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 Returned: January 3, 2014
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On August 1, 2013, President Obama nominated John B. Owens to the United States Court of Appeals for the 9th Circuit to fill the vacancy left by Stephen S. Trott.[2] Obama commented on the nomination, stating, "Michelle T. Friedland, Justice Nancy L. Moritz and John B. Owens will bring an unwavering commitment to fairness and judicial integrity to the federal bench. Their impressive legal careers are testaments to the kind of thoughtful and diligent judges they will be on the Ninth and Tenth Circuits. I am honored to nominate them today."[1]
Owens was rated Unanimously Well Qualified for the nomination by the American Bar Association.[3] Hearings on Owens' nomination were held before the United States Senate Committee on the Judiciary on October 30, 2013. Pursuant to Rule XXXI, paragraph six, of the standing rules of the U.S. Senate, Owens' nomination was returned to the president on January 3, 2014.[4][5]
Owens was renominated on January 6, 2014, by President Obama. Owens' nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on January 16, 2014. Owens was confirmed on a recorded 56-43 vote of the U.S. Senate on March 31, 2014, and he received his commission on April 2, 2014.[6][7]
Noteworthy cases
Divided Ninth Circuit panel expands whistleblower protections
- See also: United States Court of Appeals for the 9th Circuit (Paul Somers v. Digital Realty Trust; Ellen Jacobs, No. 15-17352)
- See also: United States Court of Appeals for the 9th Circuit (Paul Somers v. Digital Realty Trust; Ellen Jacobs, No. 15-17352)
On March 8, 2017, a divided three-judge panel of the Ninth Circuit Court of Appeals affirmed a decision of the United States District Court for the Northern District of California. In 2010, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act, which expanded existing protections for whistleblowers under Section 21F of the Securities Exchange Act of 1934. Under Section 21F, whistleblowers were defined as employees who reported possible securities violations to the Securities and Exchange Commission (SEC). A subsequent SEC regulation expanded protection to those who reported potential violations to senior management internally as well. Such internal disclosures were mandated by the Sarbanes-Oxley Act of 2002 and, in many instances, were required prior to an employee externally reporting to the SEC or another federal agency. Paul Somers was fired by Digital Realty Trust after internally reporting potential securities violations to senior management, but not to the Securities and Exchange Commission (SEC). Somers filed a lawsuit in a federal district court. Digital Realty, relying on Section 21F's statutory definition, moved to dismiss the case, arguing that Somers did not report externally to the SEC and, therefore, he was not afforded whistleblower protections. Such a view is consistent with a 2013 ruling of the Fifth Circuit. On appeal, a divided three-judge panel of the Ninth Circuit upheld the district court's denial of dismissal. Citing a 2015 precedent of the Second Circuit, the panel majority held that the SEC regulation was to be afforded Chevron deference and held that Section 21F's whistleblower protections must be extended to those who report possible securities violations internally to senior management as well as externally to the SEC.
Writing for himself in dissent, Judge John B. Owens stated,[8]
| “ |
I agree with the Fifth Circuit in Asadi v. G.E. Energy (USA), L.L.C., ... and Judge Jacobs’ dissent in Berman v. Neo@Ogilvy LLC, ... and therefore respectfully dissent. Both the majority here and the Second Circuit in Berman rely in part on King v. Burwell, ... to read the relevant statutes in favor of the government’s position. In my view, we should quarantine King and its potentially dangerous shapeshifting nature to the specific facts of that case to avoid jurisprudential disruption on a cellular level.[9] |
” |
The U.S. Supreme Court agreed to hear arguments on this case during its October 2017 term.
- For more, see Digital Realty Trust v. Somers
See also
External links
- Judge Owens' biography from the Federal Judicial Center
- The White House, "President Obama Nominates Three to Serve on the United States Courts of Appeals" August 1, 2013
Footnotes
- ↑ 1.0 1.1 1.2 The White House, "President Obama Nominates Three to Serve on the United States Courts of Appeals," August 1, 2013
- ↑ The White House, "Presidential Nominations Sent to the Senate," August 1, 2013
- ↑ American Bar Association, "Ratings of Article III Judicial Nominees, 113th Congress," accessed April 1, 2014
- ↑ United States Congress, "PN 761 - John B. Owens - The Judiciary," accessed July 5, 2015
- ↑ The White House, "Presidential Nominations Sent to the Senate," January 7, 2014
- ↑ Federal Judicial Center, "Biographical directory of federal judges," accessed July 5, 2016
- ↑ United States Congress, "PN 1184 - John B. Owens - The Judiciary," accessed July 5, 2016
- ↑ U.S. Court of Appeals for the Ninth Circuit, Paul Somers v. Digital Realty Trust Inc. and Ellen Jacobs, March 8, 2017
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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| Preceded by - |
United States Court of Appeals for the 9th Circuit 2014-Present |
Succeeded by - |
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State of California Sacramento (capital) |
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