Have you been wondering who is going to decide Viacom’s Appeal against Judge Louis Stanton’s summary judgment opinion in their $1bn lawsuit against YouTube? Me too; and now we know.
The Second Circuit has this morning updated its calendar for next week and informs us that the Panel hearing the appeal at the Federal Courthouse on Pearl St next Tuesday (October 18, 2011) will be Miner, Cabranes and Livingston C.JJ.
So, Judge Denny Chin, who presided over Bernie Madoff’s criminal trial, sentencing him to the maximum 150 years in prison, as well as claims involving the Naked Cowboy, and who earlier this year all but ended settlement prospects in the Google Books litigation, will not be participating in this round of litigation. Google might be pleased about that, given some of the comments made in his GBS order.
According to the bios from the Second Circuit website:
Roger J. Miner
Roger J. Miner is a United States Circuit Judge of the U.S. Court of Appeals for the Second Circuit. He assumed senior status in 1997. At the time of his appointment in 1985 he was a United States District Judge in the Northern District of New York.
Judge Miner received his B.S. degree from the State University of New York and his LL.B. degree cum laude from New York Law School – where he served as Managing Editor of the Law Review – in 1956.
Judge Miner served on active duty as a First Lieutenant in the U.S. Army Judge Advocate General’s Corps from 1956 until 1959 and later was promoted to Captain, JAGC in the U.S. Army Reserve. He was in private law practice from 1959 until 1975 in Hudson, New York. During this period, he also served as Corporation Counsel for the City of Hudson (1961-1964), Assistant District Attorney of Columbia County (1964), and District Attorney of Columbia County (1968-1975). In 1976, Judge Miner was elected a Justice of the New York State Supreme Court, Third Judicial District, a position in which he served until his appointment as a United States District Judge for the Northern District of New York in 1981.
Judge Miner is also an Adjunct Professor at Albany Law School, a position he has held since 1997. He was formerly an Adjunct Professor at New York Law School from 1986 to 1996.
Judge Miner is a member of the Board of Trustees of the Practicing Law Institute. He also holds honorary degrees from New York Law School (1989), Syracuse University (1990), and Albany Law School (1996).
Judge Miner is a native of Hudson, New York.
José A. Cabranes
José A. Cabranes was appointed a Judge of the United States Court of Appeals for the Second Circuit in 1994. At the time of his appointment, he was Chief Judge of the United States District Court for the District of Connecticut, a court to which he was appointed in 1979.
Judge Cabranes was born in 1940 in Mayagüez, Puerto Rico, and at the age of five moved with his family to the South Bronx. After attending public schools in New York City, he graduated from Columbia College (A.B., 1961), Yale Law School (J.D., 1965) and the University of Cambridge, Cambridge, England (M.Litt. in International Law, 1967). He studied at Cambridge under a Kellett Research Fellowship from Columbia College and the Humanitarian Trust Studentship in Public International Law from the Faculty Board of Law of the University of Cambridge.
Judge Cabranes was serving as General Counsel of Yale University when appointed to the federal bench in 1979; he was the first Puerto Rican appointed to the federal bench in the continental United States. Previously he had practiced in a New York City law firm; taught law on the full-time faculty of Rutgers University Law School and the adjunct faculty of Yale Law School; and served as Special Counsel to the Governor of Puerto Rico and as head of the Commonwealth of Puerto Rico’s office in Washington, D.C. He is the author of Citizenship and the American Empire (Yale University Press, 1979), a legislative history of the United States citizenship of the people of Puerto Rico, and co-author (with Kate Stith) of Fear of Judging: Sentencing Guidelines in the Federal Courts (University of Chicago Press, 1998)(Certificate of Merit of the American Bar Association, 1999), and articles in various law journals.
Judge Cabranes served as a trustee of Yale University from 1987 to 1999, and now serves as a trustee of Columbia University. He is also a former trustee of Colgate University. He has been elected a member of the American Academy of Arts and Sciences and a Fellow of the American Bar Foundation.
In 1988, Judge Cabranes was one of five Federal judges appointed by Chief Justice Rehnquist to the 15-member Federal Courts Study Committee created by Act of Congress “to examine problems facing the Federal courts and develop a long-range plan for the future of the Federal judiciary.”
He was the recipient of the Learned Hand Medal for Excellence in Federal Jurisprudence of the Federal Bar Council in 2000.
Before his appointment to the federal bench, Judge Cabranes served as Chairman of the Board of Directors of two major Hispanic civil rights organizations: Aspira of New York, the educational agency that helps inner-city Hispanic youth prepare for college, and the Puerto Rican Legal Defense and Education Fund (of which he was a founding member).
Debra Ann Livingston
Judge Livingston was appointed United States Circuit Judge for the Second Circuit on May 17, 2007 and entered on duty June 1, 2007. Prior to her appointment she was the Paul J. Kellner Professor of Law at Columbia Law School, where she also served as Vice Dean from 2005 to 2006. Judge Livingston joined the Columbia faculty in 1994. She continues to serve as a member of that faculty as the Paul J. Kellner Professor.
Judge Livingston received her B.A., magna cum laude, in 1980 from Princeton University, where she was elected to Phi Beta Kappa. She received her J.D., magna cum laude, in 1984 from Harvard Law School, where she was an editor on the Harvard Law Review. Following law school, she served as a law clerk to Judge J. Edward Lumbard of the United States Court of Appeals for the Second Circuit.
Judge Livingston was an Assistant United States Attorney in the Southern District of New York from 1986 to 1991 and she served as a Deputy Chief of Appeals in the Criminal Division from 1990 to 1991. She was an associate with the New York law firm of Paul, Weiss, Rifkind, Wharton & Garrison from 1985 to 1986 and again from 1991 to 1992, when she elected to pursue an academic career. Judge Livingston was a member of the University of Michigan’s Law School faculty from 1992 until 1994.
Judge Livingston is a co-author of the casebook, Comprehensive Criminal Procedure, and has published numerous academic articles on legal topics. She has taught courses in evidence, criminal law and procedure, and national security and terrorism. From 1994 to 2003, Judge Livingston was a Commissioner on New York City’s Civilian Complaint Review Board.