Denise Cote
Denise Cote | |
---|---|
Senior Judge of the United States District Court for the Southern District of New York | |
Assumed office December 15, 2011 | |
Judge of the United States District Court for the Southern District of New York | |
In office August 10, 1994 – December 15, 2011 | |
Appointed by | Bill Clinton |
Preceded by | Mary Johnson Lowe |
Succeeded by | Katherine Polk Failla |
Personal details | |
Born | St. Cloud, Minnesota | October 13, 1946
Education | St. Mary's College (BA) Columbia University (MA, JD) |
Denise Louise Cote (born October 13, 1946) is a senior United States district judge of the United States District Court for the Southern District of New York.
Early life and education
Cote was born in
Professional career
After law school, Cote
Federal judicial service
Cote serves as a United States district judge of the United States District Court for the Southern District of New York. Cote was nominated by President Bill Clinton on April 26, 1994, to a seat vacated by Mary Johnson Lowe. She was confirmed by the United States Senate on August 9, 1994, received her commission on August 10, 1994, and took office on August 11, 1994.[1] She assumed senior status on December 15, 2011.
Among Cote's most famous cases in recent years were the federal securities and ERISA class-action lawsuits brought by former employees or investors in
Cote regularly sits
Cote is a member of the "Patent Pilot Project" in the Southern District of New York.[3]
Noteworthy rulings
McDermott v. Monday, Monday LLC (S.D.N.Y. February 22, 2018) In a formal opinion, Judge Cote described attorney Richard Liebowitz as a "copyright troll".[4] She also wrote a definition of the term: "A copyright troll plays a numbers game in which it targets hundreds or thousands of defendants seeking quick settlements priced just low enough that it is less expensive for the defendant to pay the troll rather than defend the claim." Liebowitz requested that the term be redacted from the opinion, but Cote denied his request.[5]
United States v. Aleynikov, 737 F. Supp. 2d 173 (S.D.N.Y. 2010): Cote granted in part and denied in part a motion to dismiss the indictment by criminal defendant
Travelers Casualty and Surety Company v. Dormitory Authority of the State of New York, 732 F. Supp. 2d 347 (2010), 734 F. Supp. 2d 368 (2010), and 735 F. Supp. 2d 42 (2010): In a series of summary-judgment rulings, Cote reviewed and applied a number of legal concepts relevant to construction litigation -- including "your work" insurance exclusions, no-damages-for-delay clauses, the economic-loss doctrine, the viability of claims for negligent misrepresentation under New York law against architects and construction managers, and the categories of permissible claimants under performance and payment bonds—to novel and complex factual circumstances arising out of the $300 million construction of a new vertical campus for Baruch College.
In re Tyson, 433 B.R. 68 (S.D.N.Y. 2010): Cote, reviewing a bankruptcy court's decision following trial in an adversary proceeding involving the bankruptcy estate of Mike Tyson, discussed the concept of piercing the corporate veil under English law and distilled its doctrinal principles.
In re Application of MobiTV, Inc., 712 F. Supp. 2d 206 (S.D.N.Y. 2010): Cote, sitting as the rate court under the 1941 consent decree between the United States and the American Society of Composers, Authors and Publishers ("ASCAP"), established a reasonable license fee for the public performance of ASCAP compositions via wireless and Internet-based audio and audiovisual services provided by MobiTV.
Barclays Capital, Inc. v. Theflyonthewall.com, 700 F. Supp. 2d 310 (S.D.N.Y. 2010): Following a bench trial, Cote concluded that the defendant, an Internet-based subscription service which aggregated and sold stock recommendations to investors, was liable to the plaintiffs—three investment firms which issued the stock recommendations that the defendant marketed to its clients—under a theory of "
In re Application of Cellco Partnership, 663 F. Supp. 2d 363, 366 (S.D.N.Y. 2009): Cote, sitting as the rate court under the 1941 consent decree between the United States and ASCAP, concluded that the playing of a ringtone on a mobile phone did not constitute a "public performance" subject to licensing fees.
United States v. Awad, 518 F. Supp. 2d 577 (2007): In a drug-trafficking case involving an alleged conspiracy to import, possess, and distribute khat, Cote denied the post-trial motions by defendants following their conviction at jury trial.
United States ex rel. Anti-Discrimination Center v. Westchester County, 495 F.Supp.2d 375 (S.D.N.Y. 2007): Cote denied a motion to dismiss by the defendant county, finding that the plaintiff had successfully alleged that the county had violated federal law by accepting federal funding for affordable housing and then misrepresenting the nature and success of its efforts to further such housing. Cote later granted partial summary judgment to the plaintiff, 2009 WL 455269 (S.D.N.Y. Feb. 24, 2009), and the case later settled.
Presbyterian Church of Sudan v. Talisman Energy, Inc., 453 F. Supp. 2d 633 (S.D.N.Y. 2006): Cote, granting summary judgment to the defendant—a Canadian energy company sued under the Alien Tort Claims Act for alleged violations of international law in the Southern Sudan—described the elements of theories of conspiracy and aiding-and-abetting liability under international law.
In re Wireless Telephone Services Antitrust Litigation, 385 F. Supp. 2d 403 (S.D.N.Y. 2005): Cote, granting summary judgment to defendants on plaintiff's antitrust "tying" claims, held that the plaintiff had failed to demonstrate that defendants had market power when the defendant had a market share of less than 30 percent.
In re WorldCom, Inc. Securities Litigation, 346 F. Supp. 2d 628 (S.D.N.Y. 2004): Rejecting the summary-judgment motions brought by defendant underwriters for bond offerings issued by
United States v. Dupre, 339 F. Supp. 2d 534 (S.D.N.Y. 2004): Cote, entertaining a criminal defendant's proffer of expert evidence that the defendant's belief in God contributed to her reasonable belief that she was involved in legitimate business activity, rejected the defendant's argument that such evidence was admissible for the purpose of tending to negate proof of the defendant's mens rea with respect to wire fraud and conspiracy charges.
In re WorldCom, Inc. Securities Litigation, 294 F. Supp. 2d 392 (S.D.N.Y. 2003): In large part, Cote denied the motions to dismiss a class-action complaint brought by investors against officers, directors, accountants, underwriters, and outside analysis of WorldCom, Inc.
United States v. Frank, 8 F. Supp. 2d 253 (S.D.N.Y. 1998): Cote upheld the federal Death Penalty Act of 1994, in the first challenge made in the Second Circuit to the constitutionality of that statute.
United States v. Skowron, Docket Number: 1:11-cr-00699 (S.D.N.Y. 2011): Cote sentenced hedge fund portfolio manager Chip Skowron to five years in prison for insider trading.[11][12]
Lumen View Technology, LLC v. Findthebest.com, Inc.: In May 2014, Cote issued the first decision under
In September 2017 she ruled in the Anthony Weiner sexting scandal.[15]
Notes
- ^ a b c "Cote, Denise - Federal Judicial Center".
- ^ Gretchen Morgenson & Ken Belson, The Sisterhood Judging WorldCom, N.Y. TIMES, Jan. 30, 2005.
- ^ Mark Hamblett, Southern District Joins Patent Pilot Project, N.Y.L.J., Oct. 17, 2011.
- ^ "Court Labels Attorney as "Copyright Troll" and Fines Him $10,000 over Frivolous Case Involving Photograph". 13 March 2018.
- ^ "Judge Refuses to Let Notorious Media Foe Redact "Copyright Troll" from Ruling". The Hollywood Reporter. 29 October 2018.
- ^ NEUMEISTER, LARRY. "NY judge: Apple statements damage lawsuit position".
- ^ Molina, Brett (March 25, 2014). "E-book price fixing settlements rolling out". USA Today. Retrieved 2014-06-01.
- ^ Albanese, Andrew (December 2013). "Judge Approves Final E-book Settlements". Publishers Weekly. Retrieved 2014-06-02.
- ^ "Court document". ca2.uscourts.gov. Archived from the original on 2023-05-18. Retrieved 2023-05-18.
- ^ "United States Court of Appeals" (PDF). Archived from the original (PDF) on 2014-05-14. Retrieved 2012-06-23.
- ^ "#27 in United States v. Skowron, III (S.D.N.Y., 1:11-cr-00699) – CourtListener.com". CourtListener. Retrieved 18 May 2023.
- ^ "Former Hedge Fund Portfolio Manager Joseph "Chip" Skowron Sentenced in Manhattan Federal Court to Five Years in Prison for Insider Trading Scheme". FBI. Retrieved 18 May 2023.
- ^ Mullin, Joe (June 1, 2014). "Payback time: First patent troll ordered to pay "extraordinary case" fees". Ars Technica. Retrieved June 4, 2014.
- ^ Lumen View Technology, LLC v. Findthebest.com, Inc., no. 13-3599, (S.D.N.Y. May 30, 2014) Opinion and Order. Accessed June 4, 2014.
- ^ R.W. (25 September 2017). "Anthony Weiner is sentenced to 21 months in prison". The Economist.
References
- Denise Cote at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- "The Judge that Apple Hates". Vanity Fair. June 2014.