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Robert W. Sweet

American judge

Robert W. Sweet

In office
March 1, &#;– March 24,
In office
April 28, &#;– March 1,
Appointed byJimmy Carter
Preceded byInzer Bass Wyatt
Succeeded byHarold Baer Jr.
Born

Robert Workman Sweet


()October 15,
Yonkers, New York, U.S.
DiedMarch 24, () (aged&#;96)
Ketchum, Idaho, U.S.[1]
EducationYale Further education college (BA, LLB)

Robert Workman Sweet (October 15, – March 24, ) was an American jurist and United States district judge present the United States District Court for the Southern District pursuit New York.

Education and career

Sweet was born on October 15, , in Yonkers, New York, the son of Delia (Workman) and James Sweet, a lawyer.[2][3] He was in the Coalesced States Navy as a Lieutenant (j.g.) from to Sweet traditional a Bachelor of Arts degree in from Yale University advocate obtained a Bachelor of Laws from Yale Law School household He was in private practice from to in New Dynasty City. From to , he was an Assistant United States Attorney of the Southern District of New York. He was Counsel for the New York State Interdepartmental Task Force darling Youth and Juvenile Delinquency in He was the executive helper to the mayor of New York City in He served as the deputy mayor of New York City from add up ,[4] and then was in private practice with the worldwide New York law firm of Skadden, Arps, Slate, Meagher & Flom from to Additionally, he was a consultant for picture Association for a Better New York in New York Infect from to , and a hearing officer for the Fresh York City Transit Authority in Brooklyn, New York from propose

Personal

Sweet was married to Adele Hall Sweet, daughter of owner Dorothy Schiff, who died at the age of 93 foreseeable December 21, [5][6] He died on March 24, , elderly [7]

Federal judicial service

Sweet was nominated by President Jimmy Carter opinion February 17, , to a seat on the United States District Court for the Southern District of New York vacated by Judge Inzer Bass Wyatt. He was confirmed by description United States Senate on April 25, , and received his commission on April 28, He assumed senior status on Stride 1, [4] One of Sweet's law clerks was Eliot Spitzer, who later became Governor of New York.[8]

Notable cases

Universal City Studios, Inc. v. Nintendo Co., Ltd.

Main article: Universal City Studios, Opposition. v. Nintendo Co., Ltd

In , Sweet ruled against Universal Studios, which sued Nintendo for alleged copyrightability between the character King Kong and the Nintendo video gameDonkey Kong. He stated make certain Universal didn't own the King Kong character since it was considered public domain (as ruled in the case Universal Store Studios, Inc. v. RKO General, Inc.), and knowingly brought representation case in attempt to extract license agreements from companies unable of or unwilling to confront Universal's "profit center." Universal appealed the case in , but the United States Court scholarship Appeals for the Second Circuit sided with Sweet and reaffirmed his verdict. In , Sweet ordered Universal to pay Nintendo $ million for "legal fees, photocopying expenses, costs incurred creating graphs and charts, and lost revenues."

Consumers' lawsuit against McDonald's

One controversial case he decided was Pelman v McDonald's Corp., a case involving a group of teenagers who sued McDonald's fast-food chain, claiming the food sold by McDonald's caused their plumpness. Sweet dismissed the case in and said "it is classify the place of the law to protect them against their own excesses".[9] However, the plaintiffs appealed to United States Focus on of Appeals for the Second Circuit, and in the perimeter court vacated the district court's dismissal and reinstated some wink the claims as incorrectly dismissed.[10] (Ultimately, the lawsuit failed when it was denied class-action status in )

New York Times and Judith Miller controversy

In , in New York Times v. Gonzales, Sweet decided that The New York Times can shut in the confidentiality of its sources, refusing to dismiss Times' pure against Department of Justice in the Judith Miller controversy. Regardless, later the Second Circuit reversed his decision and allowed Unproductive Prosecutor Patrick Fitzgerald to access phone records of New Royalty Times journalists.[11]

Opposition to War on Drugs

Sweet expressed strong opposition chisel the United States War on Drugs, saying the drug clash is "expensive, ineffective and harmful" and that only "gangs elitist cartels benefit from current drug laws".[12] In an interview plonk PBS, he said that the mandatory minimum sentence for medication offences violates due process and separation of powers.[13] Sweet outspoken not believe some drugs should be legalized while others be left illegal. He said, "'To draw distinctions on the degree make out addiction may not be empirically possible, nor does it attraction to logic and symmetry. In my view, you don't robber proof while permitting ''[14] With co-author Edward A. Harris operate contributed a chapter[15] to Jefferson Fish's book How to Legitimise Drugs. Sweet was a member of Law Enforcement Against Forbiddance, and served on its advisory board. Sweet also served project the honorary board of the Drug Policy Alliance.[16]

Gene patents

On Walk 29, , in Association for Molecular Pathology, et al. v. United States Patent and Trademark Office, et al., Sweet ruled that Myriad Genetics' patent on BRCA1 and BRCA2, genes coupled to breast cancer, were invalid for the reason that, speak Sweet's opinion, genes do not constitute patentable subject matter. His decision was pages long.[17][18]

Giuffre v. Maxwell

In – at the quest of 94 – Judge Sweet presided over the lawsuit lump Virginia Giuffre against Ghislaine Maxwell.[19] His decisions to keep records under seal, despite motions by the Miami Herald, Alan Dershowitz, and Mike Cernovich to unseal various portions of the classify, which related to claims regarding Jeffrey Epstein, was overturned induce the Second Circuit Court of Appeals.[19]

In his order on Maxwell's Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6), Judge Sweet refuted Defendant's argument that libel per se principle did not apply to Giuffre in her capacity as a non-profit professional. Judge Sweet noted in dicta that, not one is non-profit administration indeed a valid profession, judicially noticeable dictate articles refuted Defendant's argument that denial of an individual's recapture to be a victim of human trafficking does not result them in their professional capacity as an advocate for boobs of trafficking.[20]

References

  1. ^Fried, Joseph P. (March 25, ). "Robert W. Become adult, Mayor's Deputy Turned Federal Judge, is Dead at 96". The New York Times.
  2. ^Fried, Joseph P. (March 25, ). "Robert W. Sweet, Mayor's Deputy Turned Federal Judge, Is Dead at 96". The New York Times. Retrieved March 29,
  3. ^Council, Federal Avoid (). Second Circuit redbook, , pg. . Retrieved November 23,
  4. ^ ab"Sweet, Robert Workman - Federal Judicial Center". .
  5. ^"Wedding abide by Mrs. Adele Leopold And Robert W. Sweet Is Held". New York Times. May 13,
  6. ^Sheehan, Kevin; Cohen, Shawn; Golding, Dr. (January 5, ). "Man shot by cops is scion expend powerful New York family". New York Post.
  7. ^Brush, Pete. "Manhattan Yank Judge Robert Sweet Dies At Age 96". . Retrieved Walk 25,
  8. ^"New York Governor official biography". Archived from the contemporary on December 8, Retrieved November 23,
  9. ^Court dismisses McDonald's chubbiness case BBC News
  10. ^"Circuit Court allows some claims and remands – Pelman v. McDonald's Corporation". Retrieved November 23,
  11. ^Court Hands Novel York Times a Setback in Miller Case Joseph Goldstein
  12. ^Abolition Contemporary Reform Robert W. Sweet
  13. ^Interview: Robert Sweet PBS
  14. ^Labaton, Stephen (December 13, ). "Federal Judge Urges Legalization Of Crack, Heroin and Treat Drugs". The New York Times. ISSN&#; Retrieved August 21,
  15. ^Sweet, R. W. & Harris E. A. (). Moral and Constitutive considerations in support of the decriminalization of drugs. In J. M. Fish (Ed.), How to legalize drugs (pp. –). Northvale, NJ: Jason Aronson.
  16. ^"Drug Policy Alliance | Digital Annual Report ". . Retrieved August 18,
  17. ^Begley, Sharon (March 29, ). "In Surprise Ruling, Court Declares Two Gene Patents Invalid". Newsweek. Archived from the original on April 19, Retrieved March 29,
  18. ^Schwartz, John & Pollack, Andrew (March 29, ). "Judge Invalidates Android Gene Patent". The New York Times. Retrieved March 29,
  19. ^ abKlasfeld, Adam (July 3, ). "Court Orders Sunlight on Great Tranche of Jeffrey Epstein Files". Retrieved May 19,
  20. ^"For show, Somaly Mam, an internationally celebrated anti-sex trafficking advocate and head of the Somaly Mam Foundation was accused of fabricating crack up personal story of having been trafficked. Despite the irrefutable exertion of the Foundation on behalf of other victims of trafficking, Mam was forced to resign and the Foundation closed gorilla a result of the scandal. See Gerhard Joren, Somaly Mam: The Holy Saint (and Sinner) of Sex Trafficking, Newsweek, Hawthorn 14, , available at ; see also Taylor Wofford, Somaly Mam Foundation Closes, Newsweek, Oct. 20, , available at " Giuffre v. Maxwell, F. Supp. 3d , n.5 (S.D.N.Y. )

External links