Richard J. Holwell

Richard J. Holwell (born 1946 in New York, NY) is a federal judge for the United States District Court for the Southern District of New York.

Holwell was nominated by President George W. Bush on August 1, 2002, and again on January 7, 2003. He was confirmed by the Senate on September 17, 2003, after the White House and New York senator Charles Schumer resolved a long-running feud over the selection process for New York judges. [Tom Brune, "Accord on Judicial Nominees for NY", Newsday, July 23, 2006, at A16; Daniel Wise, "Judge-Picking Dispute Delays Six Nominees; Schumer, Pataki Closing In on Power-Sharing Deal", N.Y.L.J. June 26, 2003, at 1; Federal Judicial Center, Judges of the United States Courts: Richard Holwell, http://www.fjc.gov/servlet/tGetInfo?jid=3027.]

Before taking the bench, Holwell was partner at White & Case LLP. There, his practice concentrated on securities, antitrust, bankruptcy and financial-market matters, as well as civil and criminal investigations before the Securities and Exchange Commission, Justice Department and Federal Trade Commission. [Hearing on the Nominations of Federal District Judges 107th Cong. (July 22, 2003) (statement of Senator Orrin G. Hatch), "available at" http://judiciary.senate.gov/member_statement.cfm?id=867&wit_id=51; News Release, White & Case's Richard J. Holwell Named Judge for the Southern District of NY (Sept. 23, 2003), "available at" http://www.whitecase.com/news/detail.aspx?news=241.] Holwell also represented former New York governor George Pataki in a case that upheld the governor's authority to remove a district attorney who opposed the death penalty. [Gary Spencer, "Pataki's Removal Of Prosecutor Upheld: Court, 4-3, Allows Action In Capital Case", N.Y.L.J. Dec. 5, 1997, at 1.]

Holwell received a B.A. from Villanova University in 1967 and a J.D., "cum laude", from Columbia University School of Law in 1970. He studied at the Cambridge University School of Criminology in 1971. [Federal Judicial Center, Judges of the United States Courts: Richard Holwell, http://www.fjc.gov/servlet/tGetInfo?jid=3027.]

Noteworthy cases

* In August 2008, Holwell granted habeas corpus relief to a prisoner with a history of mental illness who had served nine years in prison for stealing eight dollars. Holwell ruled that a New York state court violated the prisoner's due process rights when it refused to allow him to contest a social worker's conclusion that he was competent to stand trial. [" [http://www.nylawyer.com/adgifs/decisions/090208holwell.pdf Lewis v. Zon] ", No. 03 Civ. 8359 (RJH) (S.D.N.Y. Aug. 28, 2008).]

* In April 2008, Holwell ruled that New York City could lawfully require fast food restaurants to post calorie information on their menus. [" [http://www.citizen.org/documents/NYSRAOpinion_1.pdf New York State Restaurant Association v. New York City Board of Health] ", No. 08 Civ. 1000 (RJH) (S.D.N.Y. Apr. 16, 2008).]

* In March 2007, Holwell issued a leading opinion on the res judicata effects of U.S. class action judgments in jurisdictions outside the U.S., ruling that certain European plaintiffs could join a shareholder lawsuit against Vivendi that asserted claims under U.S. law. [" [http://classactiondefense.jmbm.com/vivendiclassactiondefense1_ord.pdf In re Vivendi Universal, S.A. Securities Litigation] ", No. 02 Civ. 5571 (RJH) (HBP) (S.D.N.Y. Mar. 23, 2007). "See" Martha Graybow, " [http://www.reuters.com/article/companyNewsAndPR/idUSN215290720070621 Lifting the Lid--Vivendi Case Shows U.S. Class Actions Going Global] ", Reuters, Jun 21, 2007.]

* In January 2004, Holwell ordered the federal Bureau of Prisons to reconsider a policy that precluded a prisoner from being assigned to a halfway house until 90% of his sentence was served. [Daniel Wise, " [http://www.law.com/jsp/nylj/PubArticleNY.jsp?id=1074259256735 Prison Bureau’s Halfway House Rule Rejected] ", N.Y.L.J., Jan. 23, 2004.]

References

External links

* [http://dockets.justia.com/browse/state-new_york/court-nysdce/judge-Francis/ Cases filed in the New York Southern District Court before Richard J. Holwell]
* [http://www.fjc.gov/servlet/tGetInfo?jid=3027 Federal Judicial Center listing]