#second circuit

The following excerpt is from an unpublished decision on “unwilling/unable” by the US Second Circuit Court of Appeals. The full decision is available here.

Second Circuit Upholds District Court’s Choice of Equitable Remedies Under ERISA and Its Decision to Award Prejudgment Interest at the Federal Prime Rate

The Second Circuit Court of Appeals recently issued an opinion in Frommert v. Conkright, affirming a district court decision regarding appropriate equitable remedies under ERISA and the amount of prejudgment interest to be applied. The Second Circuit’s views on each of these issues should be of interest to plan fiduciaries as well as practitioners.

This litigation has a long history, dating back…

NAPABA Inspirational Video Series | Judge Denny Chin

Property owner loses bid for additional insured coverage in Second Circuit

On any construction project, there are often a series of contracts. Coverage as an ‘additional insured’ may depend on how far apart the parties are in the series. Read more here:: Property Casualty 360

FOR IMMEDIATE RELEASE

August 30, 2017

Contact: Yang Chen, Executive Director

(212) 332-2478

NEW YORK — August 30, 2017. The Asian American Bar Association of New York (AABANY) and the South Asian Bar Association of New York (SABANY) applaud the Honorable Sanket J. Bulsara on his historic appointment to serve as a United States Magistrate Judge of the United States District Court for the Eastern District of New York.

Asian Pacific Americans are significantly under-represented in the federal judiciary, including in New York.  Upon his appointment, Judge Bulsara became the first South Asian American to serve as a judge within the Second Circuit.

Judge Bulsara was born in the Bronx but has been a resident and an active community member of Queens, where his parents first lived upon immigrating to the United States from India.  He began his legal career by serving as a law clerk for the Honorable John G. Koeltl of the United States District Court for the Southern District of New York. Judge Bulsara then worked as an associate at the law firm of Munger, Tolles & Olsen LLP in Los Angeles, California, before returning to New York in 2004, where he worked as a Manager of Planning and Data Analysis for the New York City Department of Education.

In 2005, Judge Bulsara joined the law firm of Wilmer Cutler Pickering Hale and Dorr LLP as an associate and was elevated to partner in 2012, becoming the first Asian Pacific American litigation partner in the firm’s New York office.  At WilmerHale, he developed a trial-centered practice, while also developing the firm’s pro bono practice.  His trial experience included a secondment from 2007 to 2008, when he worked as a Special Assistant District Attorney in the Kings County District Attorney’s Office, for which he received an Outstanding Service Award.

Prior to his appointment, he worked at the U.S. Securities and Exchange Commission, serving as the Acting General Counsel and the Deputy General Counsel for Appellate Litigation, Adjudication and Enforcement.

“AABANY congratulates Judge Bulsara on his appointment and commends the Eastern District of New York for not only appointing a highly qualified candidate to this important position but also recognizing a continuing commitment to a bench reflecting the diversity of the general population,” states AABANY President Dwight Yoo. “Judge Bulsara follows in the path blazed by Judge Go, Judge Kuo, Judge Matsumoto and Judge Chen in the EDNY and blazes his own trail by being the first South Asian judge in the Second Circuit. We are proud to count Judge Bulsara among the most distinguished of our members and look forward to continuing to work with him in his new role at the EDNY.”

“SABANY is proud to congratulate Judge Bulsara as he enters the judiciary," states SABANY President Mahesh Parlikad. "Judge Bulsara exemplifies what it means to be a public servant, and as the first South Asian judge in the Second Circuit, his appointment resonates with a growing South Asian population in New York and across the nation. He is a role model for SABANY members and beyond. We are excited by the significance of an increasingly diverse EDNY bench at this time, particularly when other federal judicial nominations are lacking in diversity, and we are eager to continue to work with Judge Bulsara to serve our communities.”

The U.S. Court of Appeals for the 2nd Circuit is seeking attorneys for its pro bono panel. Attorneys seeking to learn more about this opportunity may refer to the March 1 announcement and the plan and application, which are available on U.S. Court of Appeals for the 2nd Circuit website.  

For any inquiries, please contact: 

On February 16, in the AABANY co-sponsored event “Path to the Bench with the Honorable Denny Chin of the Second Circuit,” held at the offices of Patterson, Belknap in midtown Manhattan, attendees had the pleasure of hearing from Judge Chin of the United States Court of Appeals for the Second Circuit. The Muslim Bar Association of New York (MuBANY) organized the event, which was also co-sponsored by the Association of Muslim American Lawyers, Filipino American Lawyers Association of New York, the Hispanic National Bar Association – Region II (New York), the Korean American Lawyers Association of Greater New York, the New York City Bar Office of Diversity and Inclusion, the New York Women’s Bar Association, and the South Asian Bar Association of New York.

Born in Hong Kong, Judge Chin first moved to the United States at the age of two. He would later on attend Princeton to study Psychology before enrolling in Fordham Law School. After law school, he clerked for Judge Henry Werker in the Southern District, and then moved on to Davis Polk before leaving to serve as Assistant U.S Attorney for the Southern District. He then founded his own law firm, Campbell, Patrick & Chin, and also worked at Vladeck, Waldman, Elias & Engelhard P.C. before finally moving on to the bench .  

While a district judge, Judge Chin tried a number of high profile cases, including Doe v. Pataki (which earned him the infamous nickname “Denny ‘the Pervert’s Pal’ Chin”), Million Youth March v. City of New York, Naked Cowboy v. Blue M&M, the infamous Bernie Madoff case, and Morales v. Portuondo (which was featured on an episode of “Law and Order”), among many other cases. As a circuit judge , he ruled on Authors Guild, Inc. v. Google, Inc. and NFL Management Council v. NFL Players Association, better known as the “Deflategate” case.

In addition to giving a sense of the sheer diversity of his past cases, Judge Chin also provided some insight on judicial practice and the present state of the judiciary. When asked about the role of empathy in a judge’s decision-making process, Judge Chin acknowledged the importance of empathy but was careful to note the distinction between empathy and pity: the former denotes the ability to understand the predicaments of both the plaintiff and defendant, the latter implies potential leniency in sentencing. He also mentioned the distinct experience of judging a case that involved an Asian American male defendant. When asked about whether he was inclined towards leniency in sentencing because of ethnic ties, Judge Chin responded by stating that the man had actually, through a letter, expressed how ashamed he felt in having to inflict such a burden of judgment. Judge Chin also spoke positively about the increase in the diversity of judges at the federal level, which he attributed to the earnest efforts of President Obama.

Judge Chin is a shining example of how diversity can enrich judicial decision-making. Occasionally, he does get lonely as a circuit judge, for he now no longer has the opportunity to “rub elbows with the people” as he once did as a trial judge. Nevertheless, Judge Chin has found other ways to interact with members of the community, most notably through lecturing and mentoring. 

After the presentation, attendees had the chance to speak directly with Judge Chin and network with other attendees from the various participating bar associations. Many thanks to MuBANY for organizing this memorable and inspiring event.