Know Your Judge: Jack B. Weinstein

Employee Benefits News examines legal developments that impact the employee benefits and executive compensation employers provide, including federal and state legislation, rules from federal...

By Carmen Castro-Pagan

This week in Know Your Judge, we feature Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York.

President Lyndon B. Johnson appointed Weinstein to the federal bench in 1967. Weinstein served as chief judge for eight years until 1988, and assumed senior status in 1993.

One of his most recent rulings included allowing a home health aide to litigate her pay claim in court despite an arbitration clause in her collective bargaining agreement. Last year, Weinstein refused to dismiss a lawsuit filed by the former head of the New York City Fire Department’s equal employment opportunity office after she testified before him. The ex-officer was a credible witness, Weinstein said, and a jury must hear her claim that she was removed from her job and later fired because she is black.

Numbers & Statistics

The odds of having Weinstein grant a motion to dismiss in employee benefit cases are high. According to Bloomberg Litigation Analytics, he usually grants employers’ motions to dismiss these cases. His early rulings on labor and employment law cases, however, are more evenly split.

The U.S. Court of Appeals for the Second Circuit overwhelmingly affirms Weinstein’s rulings in labor, employee benefits, and employment cases. Less than a third of Weinstein’s employment law rulings have been reversed and only one labor law opinion was overturned by the appeals court.

Weinstein usually takes less than a year to resolve cases involving employee benefits, wage and hour, and general labor disputes. However, he takes longer to close employment discrimination lawsuits. Weinstein took an average of:

  • 194 days to resolve five labor lawsuits
  • 217 days to close 165 cases involving the Employee Retirement Income Security Act
  • 308 days to resolve 151 wage and hour disputes
  • 422 days to resolve 137 employment discrimination claims
  • 676 days to close three cases involving disability discrimination

Looking for more analytics on judges? Check back each Wednesday for our Know Your Judge feature, or try Bloomberg Law’s Litigation Analytics. And contact us if there’s a judge you want us to feature.

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