Alvin Hellerstein

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Alvin Hellerstein
Image of Alvin Hellerstein

Nonpartisan

United States District Court for the Southern District of New York (senior status)
Tenure

2011 - Present

Years in position

13

Prior offices
United States District Court for the Southern District of New York

Education

Bachelor's

Columbia, 1954

Law

Columbia Law, 1956

Personal
Birthplace
New York, N.Y.

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Alvin K. Hellerstein is a federal judge for the United States District Court for the Southern District of New York. He joined the court in 1998 after being nominated by President Bill Clinton. Hellerstein assumed senior status on January 31, 2011.[1]

Education

Hellerstein graduated from Columbia College with his bachelor's degree in 1954 and later graduated from Columbia Law School with his J.D. degree in 1956. [1]

Military career

He served as a member of the U.S. Army JAG Corps from 1957 to 1960.[1]

Professional career

Hellerstein began his legal career as a law clerk for federal judge Edmund Palmieri in the Southern District of New York from 1956 to 1957. He spent the rest of his pre-judicial legal career as a private practice attorney in New York City from 1960 to 1998.[1]

Judicial career

Southern District of New York

On the recommendation of U.S. Senator Daniel Patrick Moynihan, Hellerstein was nominated by President Bill Clinton on May 15, 1998, to a seat vacated by Louis Stanton. Hellerstein was confirmed by the U.S. Senate on October 21, 1998, on a majority voice vote and received commission on October 22, 1998.[1][2]

Noteworthy cases

$400M arbitration award upheld in oil suit (2013)
See also: United States District Court for the Southern District of New York (Corporacion Mexicana De Mantenimiento Intergral, S. De R.L. De C.V. v. Pemex-Exploracion Y Produccion, 1:2010-cv-00206)

On August 27, 2013, Judge Hellerstein upheld a nearly $400 million international arbitration award owed to Corporacion Mexicana de Mantenimiento Integral (COMMISA), a Mexican subsidiary of KBR, by Pemex-Exploracion y Produccion (Pemex), a Mexican oil company. In the underlying case, COMMISA and Pemex contracted to build offshore natural gas platforms, and later, in 2004, accused each other of contractual breach. A lengthy legal battle ensued: Pemex proceeded to rescind its contracts with COMMISA, while COMMISA brought its claims to an International Chamber of Commerce arbitration panel. COMISSA was awarded $289 million in damages and $7.5 million in attorneys' fees and expenses. In 2010, Judge Hellerstein confirmed enforcement of the award in the United States. At the same time, Pemex brought litigation in Mexico to invalidate the arbitration award, and in 2011, the company succeeded. The Eleventh Collegiate Court for the Federal District, a Mexican appeals court, found that based on legislation brought about after the litigation was initiated, Pemex's rescission was non-arbitrable, thus nullifying the award. Thereafter, the United States Court of Appeals for the 2nd Circuit vacated and remanded Judge Hellerstein's enforcement action to his court. Judge Hellerstein, evaluating the case once more, reaffirmed COMMISA's arbitration award, noting that because the Eleventh Collegiate Court applied a law that did not exist at the time the parties contracted, and because the applicable statute of limitations had since expired, COMMISA would have been denied the opportunity to go to trial. In concluding his analysis of the case, Judge Hellerstein wrote that the Mexican "decision vacating the award violated basic notions of justice."[3]

9/11 wrongful death case (2011)
See also: United States District Court for the Southern District of New York (BAVIS v. UAL CORPORATION, 02 Civ. 7154)

On July 28, 2009, Judge Hellerstein granted a trial for three wrongful death lawsuits against two major airlines. The wrongful death lawsuits were filed by families that lost loved ones in the terrorist attacks of September 11, 2001.[4] The last case was settled on September 19, 2011 with the defendants receiving an undisclosed amount.[5]

9/11 worker illness case (2010)
See also: United States District Court for the Southern District of New York

On February 19, 2010, Judge Hellerstein accepted twelve cases filed by responders to Ground Zero over illnesses caused by ash and dust from the terrorist attacks of September 11, 2001. The twelve cases are against the City of New York and related contractors on claims that the City failed to provide protective equipment to the first responders working at Ground Zero. How the twelve cases would end could have an impact on similar cases still unsettled in court.[6] On March 11, 2010, the City of New York announced a $575 million dollar settlement between the city and 10,000 rescue and clean-up workers. The settlement had to be approved by 95 percent of the plaintiffs and the judge before anyone receive damages.[7] After a settlement deal was announced, Judge Hellerstein wanted to hear from people who were affected by illness before making a decision on a settlement. Also, Hellerstein criticized the settlement for having 33 percent of the settlement go to legal fees in which should be reduced to 15 percent.[8] On April 12, 2010, Hellerstein was very critical of attorneys for both sides in the case for not being notified of new settlement negotiations. Judge Hellerstein said to the attorneys in the hearing: "I'm being left in the dark". The next hearing for the settlement was scheduled on April 27, 2010.[9] In November of 2010, over 95 percent of the defendants agreed to a settlement of $625 million.[10]

Airlines sue FBI over 9/11 (2009)
See also: United States District Court for the Southern District of New York

On July 16, 2009, Judge Hellerstein dismissed a lawsuit filed by major airlines seeking rights to question FBI agents about the September 11, 2001, terrorist attacks. The lawsuit was part of a plan for the airlines to question FBI agents and seek access to evidence related to the September 11th attacks. The airlines who sued the FBI wanted to prove in court that the government was inadequately prepared to prevent the terrorist attacks.[11]

Hellerstein ruled against the airline's claim stating, "the defendants have also argued that the terrorists likely would have succeeded, even if the defendants had exercised due care. The issues to be tried relate to the acts and omissions of the aviation defendants, not the government". He also explained: "the government's failures to detect and abort the terrorist plots would not affect the defendant's potential liability."[11]

CIA interrogation (2009)
See also: United States District Court for the Southern District of New York (AMERICAN CIVIL LIBERTIES UNION v. DEPARTMENT OF DEFENSE, No. 04 Civ. 4151(AKH))

Judge Hellerstein ruled against the American Civil Liberties Union (ACLU) over a lawsuit which sought to force the CIA to release secret documents in regards to interrogations involving terror detainees. Hellerstein's ruling claimed that intelligence methods must be protected without risking national security.[12]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Hellerstein's Biography from the Federal Judicial Center
  2. ↑ THOMAS', "Nomination of Alvin Hellerstein," May 6, 2009 (Search for Alvin Hellerstein)
  3. ↑ Courthouse News Service, "Judge Upholds $400M Award in Oil Dispute," August 29, 2013
  4. ↑ "New York Times" 9/11 Wrongful-Death Suit Receives April Trial Date, July 28, 2009
  5. ↑ New York Times, "Family and United Airlines Settle Last 9/11 Wrongful-Death Lawsuit," September 19, 2011
  6. ↑ The Washington Post "Judge sets stage for trials over 9/11 illnesses," February 20, 2010
  7. ↑ New York Daily News "City agrees to settlement with more than 10,000 Ground Zero WTC responders worth at least $575M," March 11, 2010
  8. ↑ FOX News "Judge Wants to Hear From Sick WTC Workers Before Voting Begins on $657M Settlement," March 13, 2010
  9. ↑ New York Daily News "Judge lashes out for being kept 'in dark' on 9/11 first responder talks," April 13, 2010
  10. ↑ CNN, “9/11 workers approve settlement with New York City,” November 19,2010
  11. ↑ 11.0 11.1 "Associated Press" Judge: Airlines can't question FBI in 9/11 suits, July 17, 2009 (dead link)
  12. ↑ Free Republic, "New York Federal Judge Denies Request For CIA Secret Documents," October 1, 2009
Political offices
Preceded by:
Louis Stanton 		Southern District of New York
1998–2011 		Succeeded by:
Jesse Furman



New York courts

Federal courts:

Second Circuit Court of Appeals • U.S. District Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York • U.S. Bankruptcy Court: Eastern District of New York, Western District of New York, Northern District of New York, Southern District of New York

State courts:

New York Court of Appeals • New York Supreme Court, Appellate Division • New York Supreme Court • New York County Courts • New York City Courts • New York Town and Village Courts • New York Family Courts • New York Surrogates' Courts • New York City Civil Court • New York City Criminal Courts • New York Court of Claims • New York Problem Solving Courts

State resources:

Courts in New York • New York judicial elections • Judicial selection in New York

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