Denise Cote

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Denise Cote

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Nonpartisan

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

2011 - Present

Years in position

12

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

Education

Bachelor's

St. Mary's College, 1968

Graduate

Columbia University, 1969

Law

Columbia Law School, 1975

Personal
Birthplace
St. Cloud, Minn.

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Denise Cote is a federal judge on senior status with the United States District Court for the Southern District of New York. She joined the court in 1994 after being nominated by President Bill Clinton.

Early life and education

Born in St. Cloud, Minnesota, Cote graduated from St. Mary`s College with her bachelor's degree in 1968, from Columbia University with her master's degree in 1969, and from Columbia Law School with her J.D. in 1975.[1]

Professional career

  • 2011 - Present: Senior judge
  • 1994-2011: Judge

Judicial career

Southern District of New York

Nomination Tracker
Fedbadgesmall.png
Nominee Information
Name: Denise Cote
Court: United States District Court for the Southern District of New York
Progress
Confirmed 105 days after nomination.
ApprovedANominated: April 26, 1994
ApprovedAABA Rating: Substantial Majority Qualified, Minority Well Qualified
Questionnaire:
ApprovedAHearing: June 21, 1994
QFRs: (Hover over QFRs to read more)
ApprovedAReported: August 4, 1994 
ApprovedAConfirmed: August 9, 1994
ApprovedAVote: Voice vote

Cote was nominated to the United States District Court for the Southern District of New York by President Bill Clinton on April 26, 1994, to a seat vacated by Mary Lowe. The American Bar Association rated Cote Substantial Majority Qualified, Minority Well Qualified for the nomination. Hearings on Cote's nomination were held before the Senate Judiciary Committee on June 21, 1994, and her nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on August 4, 1994. Cote was confirmed on a voice vote of the U.S. Senate on August 9, 1994, and she received her commission the next day. Cote elected to take senior status beginning on December 15, 2011. She was succeeded in this position by Katherine Failla.[1][2][3]

Noteworthy cases

Former U.S. congressman sentenced to 21 months in prison
See also: United States District Court for the Southern District of New York (United States of America v. Anthony David Weiner)

On Monday, September 25, 2017, Judge Denise Cote of the United States District Court for the Southern District of New York handed down a 21-month jail sentence to former Congressman Anthony Weiner (D-N.Y.) The sentence was issued pursuant to a plea agreement reached in May of 2017 in which Weiner pleaded guilty to one count of transferring obscene material to a minor. In addition to the jail sentence, Cote sentenced Weiner to three years of supervised release and a fine. In the sentencing proceeding, Cote said, "Because of the defendant's notoriety, there is intense interest in the defendant's plea and sentence ... It could make a difference in lives and is a very significant part of this sentence. ... This is a serious crime that deserves serious punishment."[4]

Apple found guilty of conspiring in e-book pricing (2013-2014)
See also: United States District Court for the Southern District of New York (United States v. Apple, 12 Civ. 2826)

In July 2013, Judge Cote ruled that Apple violated U.S. antitrust laws in price-fixing electronic books with five major book publishers. The ruling found that executives at these companies met in secret to arrange a new price for e-books, in order to compete with Amazon's $9.99 titles.[5][6]

In response to the ruling, a spokesperson for Apple said,

“ Apple did not conspire to fix e-book pricing and we will continue to fight against these false accusations.[7][8] ”

In a statement released by the United States Department of Justice, Assistant Attorney General Bill Baer said:

“ After carefully weighing the evidence, the court agreed with the Justice Department and 33 state attorneys general that executives at the highest levels of Apple orchestrated a conspiracy...to raise e-book prices. Through today’s court decision and previous settlements with five major publishers, consumers are again benefiting from retail price competition and paying less for their e-books.[9][8] ”

In October 2013, Judge Cote appointed former prosecutor Michael Bromwich to oversee Apple's compliance with antitrust policy.[10]

In June 2014, Judge Cote ruled that because of Apple's behavior in its e-book price-fixing scheme, the company should be held liable under both federal and state law:[11]

“ It is fundamental to our republic that both the states and the federal government are empowered to punish those who violate their laws, even when both violations arise out of the same conduct.[8] ”

Ringtones and copyright law (2009)
See also: United States District Court for the Southern District of New York (In Re Application of Cellco Partnership d/b/a Verizon Wireless; Related to U.S., v. ASCAP, 1:09-cv-07074-DLC)

Judge Cote ruled in a copyright lawsuit filed against AT&T and Verizon by the American Society of Composers, Authors, and Publishers (ASCAP), a music industry organization. ASCAP alleged the ringtones the phone companies sold were public performances that required royalty payments be made to the holders of the copyrights.[12]

Judge Cote held that the playing of ringtones in public without any commercial purpose did not infringe copyright. She applied an exemption to ringtones under the reasoning that they announced phone calls and were not providing public, commercial entertainment.[12]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 Federal Judicial Center, "Biography of Judge Denise Cote," accessed July 10, 2017
  2. ↑ United States Congress, "PN 1324 — Denise Cote — The Judiciary," accessed July 10, 2017
  3. ↑ American Bar Association, "Ratings of Article III judicial nominees, 103rd Congress," accessed July 10, 2017
  4. ↑ CNN, "Anthony Weiner gets 21 months in prison in sexting case," September 25, 2017
  5. ↑ The Guardian, "Apple guilty of conspiring to raise ebook prices, federal judge rules," July 10, 2013
  6. ↑ Bloomberg BusinessWeek, "Apple's Price-Fixing Guilt Won't Change the E-Book," July 10, 2013
  7. ↑ The Verge, Judge cites Steve Jobs in ruling on Apple e-book antitrust case," July 10, 2013
  8. ↑ 8.0 8.1 8.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  9. ↑ United States Department of Justice, "Press Release: Justice Department Issues Statement on U.S. District Court Ruling That Apple Violated Antitrust Laws," July 10, 2013
  10. ↑ Time Magazine, "Judge Appoints Monitor to Watch Over Apple's E-Book Business," October 17, 2013
  11. ↑ Courthouse News Service, "Apple Socked for Antitrust Acts in 2 Rulings," June 5, 2014
  12. ↑ 12.0 12.1 New York Law Journal, "No added royalties for use of ringtones in public places, federal judge rules," October 16, 2009
Political offices
Preceded by:
Mary Lowe 		Southern District of New York
1994–2011 		Succeeded by:
Katherine Failla



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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