J. Paul Oetken

James Paul Oetken

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Nonpartisan

United States District Court for the Southern District of New York

Tenure

2011 - Present

Years in position

13

Education

Bachelor's

University of Iowa, 1988

Law

Yale Law, 1991

Personal

Birthplace

Louisville, Ky.

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J. Paul Oetken is a judge for the United States District Court for the Southern District of New York. He was nominated by President Barack Obama in January 2011. Previously, Oetken was the senior vice president and associate general counsel of Cablevision Systems Corporation in Bethpage, New York.

Education

Oetken received a B.A. from University of Iowa in 1988 and a J.D. degree from Yale Law in 1991.

Professional career

• 2004-2011: Senior vice president and associate general counsel of Cablevision Systems Corporation
• 2003-2004: Counsel, Debevoise & Plimpton
• 2001-2003: Associate, Debevoise & Plimpton
• 1999-2001: White House Counsel’s Office as associate counsel
• 1997-1999: U.S. Department of Justice in the Office of Legal Counsel
• 1994-1997: Associate, Jenner & Block
• 1993-1994: Law clerk for Associate Justice Harry Blackmun
• 1992-1993: Law clerk for Judge Louis Oberdorfer
• 1991-1992: Law clerk for Judge Richard Cudahy

Judicial career

Southern District of New York

Nomination Tracker
Nominee Information
Name: J. Paul Oetken
Court: Southern District of New York
Progress
Confirmed 173 days after nomination.
ANominated: January 26, 2011
AABA Rating: Unanimously Qualified
Questionnaire:
AHearing: March 16, 2011
QFRs: (Hover over QFRs to read more)
AReported:
AConfirmed: July 18,2011

Oetken was nominated to the United States District Court for the Southern District of New York on January 26, 2011 by Barack Obama to fill the seat vacated by Denny Chin. In the press release Obama stated, “Throughout their careers, these distinguished men and women have demonstrated a steadfast commitment to public service. I am confident they will serve the American people with distinction from the District Court bench.”

Oetken was rated Unanimously Qualified by the American Bar Association. He had a hearing before the Senate Judiciary Committee on March 16, 2011 and you can find his hearing transcript here. He was moved out of committee on April 7, 2011.

Oetken was confirmed to post on July 18, 2011, with a Senate vote of 80-13.

Noteworthy cases

New York v. U.S. Department of Labor (2020)

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

New York v. U.S. Department of Labor: On August 3, 2020, as the result of a challenge by New York Attorney General Letitia James (D), Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York vacated portions of the U.S. Department of Labor’s (DOL) final rule implementing the Families First Coronavirus Response Act (FFCRA). The FFCRA mandated that certain employers provide paid emergency sick and/or family leave to employees who were unable to work due to mandated COVID-19 quarantine or symptoms. The mandate also extended to parents and guardians in the event of school or childcare unavailability. In its complaint, New York argued that the DOL violated the Administrative Procedure Act (APA) because the final rule restricted eligibility under the FFCRA in a manner that was "not authorized by, and conflict[ed] with, the FFCRA" and exceeded the statutory authority provided by the FFCRA by imposing additional burdens on employees seeking to claim its benefits. In so doing, New York argued, the DOL was responsible for denying "vital financial support and exposing millions of American workers and their communities to further transmission of infectious disease in the middle of a once-in-a-century pandemic." Oetken vacated the final rule's work-availability requirement, which made employees ineligible for leave under the FFCRA if their employers had no work for them because of COVID-related slowdowns or temporary closures. Oetken also struck down the DOL's definition of a non-eligible health care provider, the requirement that an employee secure employer consent for intermittent leave, and the requirement that documentation be provided before taking leave. The remainder of the final rule was allowed to stand.

AT&T Age Discrimination Lawsuit (2011)

See also: United States District Court for the Southern District of New York (EEOC v. AT&T Inc et al, No. 09-07323)

In October of 2011, Judge Oetken gave his approval of a settlement between the U.S. Equal Employment Opportunity Commission and AT&T. The commission had originally filed suit against AT&T claiming that violated the Age Discrimination in Employment Act of 1967 by refusing to rehire employees who had previously retired. Under the terms of the settlement AT&T "will not maintain any policy prohibiting the rehiring of employees who left AT&T under the relevant retirement programs," and, furthermore, will not retaliate against anyone involved in the litigation.

See also

• United States District Court for the Southern District of New York
• United States Court of Appeals for the 2nd Circuit

External links

• The White House, "Official Nomination Press Release," January 26, 2011
• HRC Backstory, "Openly-Gay Judicial Nominee Receives Senate Hearing," March 16, 2011
• J. Paul Oetken Biography at the Federal Judicial Center

Footnotes

Political offices
Preceded by -	United States District Court for the Southern District of New York 2011-Present	Succeeded by -

Federal judges nominated by Barack Obama
Nominated	Federal judges nominated by Barack Obama