Raymond Lohier

From Ballotpedia
Jump to: navigation, search
Raymond Lohier
Image of Raymond Lohier

Nonpartisan

United States Court of Appeals for the 2nd Circuit
Tenure

2010 - Present

Years in position

13

Education

Bachelor's

Harvard College, 1988

Law

New York University School of Law, 1991


Raymond Joseph Lohier, Jr. is a federal judge on the United States Court of Appeals for the 2nd 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 for the Southern District of New York.[1]

Early life and education

Born in Montreal, Canada, in 1965, Lohier earned his A.B. cum laude from Harvard College in 1988, and earned his J.D. from New York University School of Law in 1991.[1][2]

Professional career

  • 1998-2000: Senior trial attorney

Judicial career

2nd Circuit Court of Appeals

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Raymond Lohier
Court: United States Court of Appeals for the 2nd Circuit
Progress
Confirmed 284 days after nomination.
ApprovedANominated: March 10, 2010
ApprovedAABA Rating: Substantial Majority Qualified, Minority Not Qualified
Questionnaire: Questionnaire
ApprovedAHearing: April 22, 2010
Hearing Transcript: Hearing Transcript
QFRs: QFRs (Hover over QFRs to read more)
ApprovedAReported: May 13, 2010 
ApprovedAConfirmed: December 19, 2010
ApprovedAVote: 92-0

Lohier was nominated by President Obama on March 10, 2010, to fill a seat on the United States Court of Appeals for the 2nd Circuit vacated by Sonia Sotomayor.[3] Obama said of the nomination, "Raymond Lohier will... bring an unwavering commitment to fairness and judicial integrity to the federal bench."[2] The American Bar Association rated Lohier Substantial Majority Qualified, Minority Not Qualified for the nomination.[4] Hearings on Lohier's nomination were held before the United States Senate Committee on the Judiciary on April 22, 2010, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on May 13, 2010. Lohier was confirmed by a 92-0 vote of the U.S. Senate on December 19, 2010, and he received his commission on December 20, 2010.[1][5]

Noteworthy cases

Apple's challenge to e-book antitrust monitor (2014)
See also: United States Court of Appeals for the 2nd 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.[6][7]

Update

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."[8][9][10]

Awards and associations

  • Recipient of the Vanderbilt Medal from New York University School of Law[2]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Federal Judicial Center, "Biographical directory of federal judges," accessed June 7, 2016
  2. ↑ 2.0 2.1 2.2 2.3 The White House, "President Obama Nominates Raymond Lohier, Jr. for the United States Court of Appeals for the 2nd Circuit, Judge Kate O'Malley for the United States Court of Appeals for the Federal Circuit," March 10, 2010
  3. ↑ The White House, "Presidential Nominations Sent to the Senate," March 10, 2010
  4. ↑ American Bar Association, "Ratings of Article III judicial nominees, 111th Congress," accessed June 7, 2016
  5. ↑ United States Congress, "Biographical directory of federal judges," accessed June 7, 2016
  6. ↑ New York Times, "Apple Wins Temporary Stay on Court Monitor," January 21, 2014
  7. ↑ New York Times, "Secretive Apple Squirms in Gaze of U.S. Monitor," January 13, 2014
  8. ↑ Star Tribune, "Federal appeals panel in NY restores Apple monitor but spells out limits to his authority," February 10, 2014
  9. ↑ Neurope, "Apple loses latest bid to block e-books antitrust monitor," February 11, 2014
  10. ↑ New York Times, "Court Rejects Apple Appeal in E-Book Case," February 10, 2014

Political offices
Preceded by
- 		United States Court of Appeals for the 2nd Circuit
2010-Present		 Succeeded by
-



Retrieved from "https://ballotpedia.org/wiki/index.php?title=Raymond_Lohier&oldid=8668943"