Brian Cogan

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Brian Cogan is a federal judge on senior status with the United States District Court for the Eastern District of New York. Cogan joined the court in June 2006 after being nominated by President George W. Bush (R). He assumed senior status on June 12, 2020. Before joining the court, Cogan was a private practice attorney in New York City.^[1]

Education

Born in Chicago, Illinois, Cogan received his undergraduate degree from the University of Illinois in 1975 and his J.D. from Cornell Law School in 1979.^[1]

Professional career

Cogan began his legal career as a law clerk for Federal District Judge Sidney Aronovitz for the Southern District of Florida from 1979 to 1980 before becoming a private practice attorney in New York City from 1980 to 2006.^[1]

Judicial career

Eastern District of New York

Cogan was nominated to the United States District Court for the Eastern District of New York by President George W. Bush (R) on January 25, 2006; he assumed a seat that was vacated by Frederic Block. Cogan was confirmed by the U.S. Senate on May 4, 2006, on a majority voice vote and received his commission on June 7, 2006.^[2] He assumed senior status on June 12, 2020.^[1]

Noteworthy cases

Palmer v. Amazon.com, Inc. (2020)

See also: Lawsuits about state actions and policies in response to the coronavirus (COVID-19) pandemic, 2020-2021

Palmer v. Amazon.com, Inc.: On November 2, 2020, Judge Brian Cogan, of the United States District Court for the Eastern District of New York, dismissed a lawsuit seeking to compel Amazon to provide extra workplace protections related to Covid-19. In their complaint, employees at Amazon’s Staten Island warehouse alleged that "Amazon’s current policies and practices constitute a public nuisance." The plaintiffs alleged that Amazon "undermines its workers’ efforts to protect themselves and their coworkers from the virus . . . through a culture of workplace fear," improper back pay for quarantine leave, and failure "to comply with public health guidance." In his dismissal order, Cogan said, "[Courts] are not expert in public health or workplace safety matters, and lack the training, expertise, and resources to oversee compliance with evolving industry guidance." Cogan added, "[Courts] are particularly ill-suited to address this evolving situation and the risk of inconsistent rulings is high."^[3]^[4]

Roman Catholic Diocese of New York will not have to Follow HHS Mandate (2013)

On December 16, 2013, Judge Cogan ruled in favor of the plaintiff in the case of The Roman Catholic Archdiocese of New York, et al against Kathleen Sebelius, in her official capacity as Secretary, United States Department of Health and Human Services, et al. The HHS Mandate at the center of the case, requires employers to provide birth control to their employees.^[5] However, the Catholic Church strictly forbids the use of birth control.^[6] Cogan's decision states that the plaintiffs “have demonstrated that the mandate, despite accommodation, compels them to perform acts that are contrary to their religion. And there can be no doubt that the coercive pressure here is substantial.” The plaintiffs, then, will not have to follow the HHS Mandate and will not be fined the $100 a day penalty per each affected beneficiary. Of the groups, the Catholic Health Services of Long Island includes six hospitals, three nursing homes, and a hospice.^[5]

In addition, Cogan's ruling reasoned that the HHS Mandate that required the distribution of birth control was likely unconstitutional and went as far to say that it should not be enforced. Because the HHS Mandate was never approved by Congress, Kathleen Sebelius, should not be able to enforce the mandate, Cogan argued. Furthermore, this enforcement could compromise the First Amendment. Because this decision goes beyond the exemption offered to churches by extending it to religiously-affiliated organizations, this decision paves the way for more organizations to take similar legal action.^[7]