manu/mldr-zoomed-100char-total-queries-documents

chunk_id stringlengths 3 9	chunk stringlengths 1 100
127_151	failed to show that Carey, the copyright-holder for the song Hero, had knowledge of or infringed
127_152	upon plaintiff's recording.
127_153	Johnson v. Johnson
127_154	In January 2011, Berman presided over a trial in which a father sought the return of his child from
127_155	New York to Vicenza, Italy pursuant to the Hague Convention of the Civil Aspects of International
127_156	Child Abduction. Following a bench trial, Berman found that Italy was not the habitual residence
127_157	of the child, who also strenuously objected to being returned to Italy.
127_158	Family court
127_159	In the Matter of Shawna E.
127_160	In January 1998, as a New York State family court judge, Berman removed two children from the
127_161	custody of then professional baseball player Carl Everett and his wife. The Everetts had consented
127_162	to findings of child neglect following the discovery of bruises on their daughter at the Shea
127_163	Stadium child care center.
127_164	Three-judge U.S. District Court panels
127_165	Rodriguez v. Pataki
127_166	Berman was part of a three-judge panel that heard challenges to the legislative district
127_167	redistricting plan enacted by the New York State Legislature following the 2000 census. Following
127_168	a bench trial in November 2003, the three-judge panel found that New York's redistricting plan did
127_169	not violate the Voting Rights Act or the Equal Protection Clause of the Fourteenth Amendment. In
127_170	November 2004, the U.S. Supreme Court affirmed by summary order.
127_171	Nitke v. Gonzales
127_172	Berman was part of a three-judge panel that heard challenges to obscenity provisions of the
127_173	Communications Decency Act of 1996. In July 2005, the Court found that the Act was not overbroad
127_174	and did not violate the First Amendment. In March 2006, the U.S. Supreme Court affirmed by summary
127_175	order.
127_176	U.S. Circuit Court opinions
127_177	United States v. Stewart
127_178	Berman—sitting by designation on the U.S. Court of Appeals for the Second Circuit—dissented on
127_179	November 5, 2018 from the majority insider trading decision which overturned the defendant's
127_180	conviction on an evidentiary issue. The majority held that the trial judge should have allowed the
127_181	jury to hear the co-defendant father's post-arrest statement to the FBI. Berman found that the
127_182	weight of evidence of defendant's guilt was overwhelming and that the Court should defer to the
127_183	trial judge and to the jury.
127_184	Carpenters Pension Trust Fund of St. Louis v. Barclays PLC
127_185	In April 2014, Berman—sitting by designation on the U.S. Court of Appeals for the Second
127_186	Circuit—authored the panel's opinion reinstating a securities fraud class action brought by pension
127_187	funds against Barclays PLC and former Barclays' CEO Robert Diamond. Plaintiffs alleged that
127_188	defendants had knowingly submitted false and inaccurate information to establish LIBOR rates during
127_189	the class period of August 2007 through January 2009. The Court adopted a principle (also embraced
127_190	by the Eleventh Circuit) that "so long as the falsehood remains uncorrected, it will continue to
127_191	taint the total mix of available public information, and the market will continue to attribute the
127_192	artificial inflation to the stock, day after day."
127_193	Evans v. Books-A-Million
127_194	In August 2014, Berman—sitting by designation on a panel of the U.S. Court of Appeals for the
127_195	Eleventh Circuit—heard the appeal of an employee who had been terminated from her job. The Court
127_196	of Appeals held that the district court correctly awarded summary judgment to plaintiff on her
127_197	COBRA claims and to Books-A-Million with respect to plaintiff's Title VII and Equal Pay Act claims,
127_198	but erred in dismissing plaintiff's FMLA claims. The Court of Appeals found that "[i]if a trial
127_199	court refuses to grant further legal or equitable relief to a plaintiff who insists that such
127_200	relief is necessary to make the plaintiff whole, it must articulate its rationale."
127_201	Rodriguez v. Schriver
127_202	In November 2004, Berman—sitting by designation on a panel of the Second Circuit Court of
127_203	Appeals—heard New York State's appeal of a magistrate judge's decision, which found that
127_204	prosecutors had improperly excluded a juror for non-race neutral reasons in a criminal trial. In
127_205	vacating the judgment of the magistrate, the Second Circuit held that the basis for the juror's
127_206	exclusion was not inherently discriminatory, and that the prosecutor had offered race neutral
127_207	reasons.
127_208	New England Insurance Co. v. Healthcare Underwriters Mutual Insurance Co.
127_209	In July 2002, Berman—sitting by designation on a panel of the Second Circuit Court of Appeals—heard
127_210	the appeal of New England Insurance Company, following the district court's reversal of a jury
127_211	verdict finding in New England Insurance's favor. The Second Circuit reinstated the jury verdict.
127_212	"We necessarily disagree with the 'clear liability' language []introduced by the district court in
127_213	deciding Healthcare's post-trial application for judgment as a matter of law. As noted, 'clear
127_214	liability' was specifically rejected and abandoned [and] there is no case since Pavia in which a
127_215	court held that a finding of clear liability was given conclusive or totally dispositive weight."
127_216	Publications and teaching
127_217	Berman has authored a number of articles about children, including A Team Model To Identify Child
127_218	Abuse, Seven Steps To Protect Children, Community Service for Juvenile Offenders, and Special
127_219	Immigrant Juvenile Status. Published in the New York Law Journal, these articles offer guidance in
127_220	developing improved models for identifying child abuse, bolstering the child welfare system,
127_221	implementing community service-based sentencing options for juvenile offenders, and improving the
127_222	process for obtaining special immigrant juvenile status.
127_223	Berman's efforts in improving media access to the Family Court system and promoting community
127_224	service have been cited in the New York Daily News and Newsday. See, e.g., Sun Also Rises in
127_225	Family Court, Helping Other Helps Teens, Embracing Community Service for Juveniles, and A New Way
127_226	Out of Trouble.
127_227	Berman lectured about the "Rule of Law" before judges in Albania in 2013. He has also moderated a
127_228	panel discussion of the "Rule of Law" at an international legal symposium in Istanbul, Turkey in
127_229	2014.
127_230	In 2021, Berman published the results of a study on the Federal Court Involvement on Supervised
127_231	Release. The results of the study indicate that the judiciary play a vital role in overseeing
127_232	defendants’ reentry following prison. On October 15, 2021, Berman also participated on a panel for
127_233	the Penn Program on Regulation titled How Judges Can Make a Difference in the Success of Supervised
127_234	Release.
127_235	Awards
127_236	Judge Berman received the National Association of Social Workers (NYC) Emerald award for 20 years
127_237	of leadership as a licensed social worker and judge on March 28, 2019.
127_238	See also List of Jewish American jurists References
127_239	61. Judge Berman: 'Deflategate Is Finally Put to Rest.", Sports Illustrated (3/17/17), Retrieved
127_240	from
127_241	https://www.si.com/nfl/2017/03/17/nfl-judge-richard-berman-deflategate-tom-brady-super-bowl-51-ted-
127_242	wells-wells-report-roger-goodell
127_243	External links
127_244	1943 births Living people Cornell University alumni New York University School of Law alumni
127_245	Fordham University alumni New York (state) lawyers
127_246	Judges of the United States District Court for the Southern District of New York
127_247	United States district court judges appointed by Bill Clinton Lawyers from New York City
127_248	Davis Polk & Wardwell lawyers 20th-century American judges 21st-century American judges
128_0	John Newton (; – 21 December 1807) was an English Anglican cleric, a captain of slave ships who
128_1	later became an investor in the slave trade but subsequently became an abolitionist. He served as a

127_151

failed to show that Carey, the copyright-holder for the song Hero, had knowledge of or infringed

127_152

upon plaintiff's recording.

127_153

Johnson v. Johnson

127_154

In January 2011, Berman presided over a trial in which a father sought the return of his child from

127_155

New York to Vicenza, Italy pursuant to the Hague Convention of the Civil Aspects of International

127_156

Child Abduction. Following a bench trial, Berman found that Italy was not the habitual residence

127_157

of the child, who also strenuously objected to being returned to Italy.

127_158

Family court

127_159

In the Matter of Shawna E.

127_160

In January 1998, as a New York State family court judge, Berman removed two children from the

127_161

custody of then professional baseball player Carl Everett and his wife. The Everetts had consented

127_162

to findings of child neglect following the discovery of bruises on their daughter at the Shea

127_163

Stadium child care center.

127_164

Three-judge U.S. District Court panels

127_165

Rodriguez v. Pataki

127_166

Berman was part of a three-judge panel that heard challenges to the legislative district

127_167

redistricting plan enacted by the New York State Legislature following the 2000 census. Following

127_168

a bench trial in November 2003, the three-judge panel found that New York's redistricting plan did

127_169

not violate the Voting Rights Act or the Equal Protection Clause of the Fourteenth Amendment. In

127_170

November 2004, the U.S. Supreme Court affirmed by summary order.

127_171

Nitke v. Gonzales

127_172

Berman was part of a three-judge panel that heard challenges to obscenity provisions of the

127_173

Communications Decency Act of 1996. In July 2005, the Court found that the Act was not overbroad

127_174

and did not violate the First Amendment. In March 2006, the U.S. Supreme Court affirmed by summary

127_175

order.

127_176

U.S. Circuit Court opinions

127_177

United States v. Stewart

127_178

Berman—sitting by designation on the U.S. Court of Appeals for the Second Circuit—dissented on

127_179

November 5, 2018 from the majority insider trading decision which overturned the defendant's

127_180

conviction on an evidentiary issue. The majority held that the trial judge should have allowed the

127_181

jury to hear the co-defendant father's post-arrest statement to the FBI. Berman found that the

127_182

weight of evidence of defendant's guilt was overwhelming and that the Court should defer to the

127_183

trial judge and to the jury.

127_184

Carpenters Pension Trust Fund of St. Louis v. Barclays PLC

127_185

In April 2014, Berman—sitting by designation on the U.S. Court of Appeals for the Second

127_186

Circuit—authored the panel's opinion reinstating a securities fraud class action brought by pension

127_187

funds against Barclays PLC and former Barclays' CEO Robert Diamond. Plaintiffs alleged that

127_188

defendants had knowingly submitted false and inaccurate information to establish LIBOR rates during

127_189

the class period of August 2007 through January 2009. The Court adopted a principle (also embraced

127_190

by the Eleventh Circuit) that "so long as the falsehood remains uncorrected, it will continue to

127_191

taint the total mix of available public information, and the market will continue to attribute the

127_192

artificial inflation to the stock, day after day."

127_193

Evans v. Books-A-Million

127_194

In August 2014, Berman—sitting by designation on a panel of the U.S. Court of Appeals for the

127_195

Eleventh Circuit—heard the appeal of an employee who had been terminated from her job. The Court

127_196

of Appeals held that the district court correctly awarded summary judgment to plaintiff on her

127_197

COBRA claims and to Books-A-Million with respect to plaintiff's Title VII and Equal Pay Act claims,

127_198

but erred in dismissing plaintiff's FMLA claims. The Court of Appeals found that "[i]if a trial

127_199

court refuses to grant further legal or equitable relief to a plaintiff who insists that such

127_200

relief is necessary to make the plaintiff whole, it must articulate its rationale."

127_201

Rodriguez v. Schriver

127_202

In November 2004, Berman—sitting by designation on a panel of the Second Circuit Court of

127_203

Appeals—heard New York State's appeal of a magistrate judge's decision, which found that

127_204

prosecutors had improperly excluded a juror for non-race neutral reasons in a criminal trial. In

127_205

vacating the judgment of the magistrate, the Second Circuit held that the basis for the juror's

127_206

exclusion was not inherently discriminatory, and that the prosecutor had offered race neutral

127_207

reasons.

127_208

New England Insurance Co. v. Healthcare Underwriters Mutual Insurance Co.

127_209

In July 2002, Berman—sitting by designation on a panel of the Second Circuit Court of Appeals—heard

127_210

the appeal of New England Insurance Company, following the district court's reversal of a jury

127_211

verdict finding in New England Insurance's favor. The Second Circuit reinstated the jury verdict.

127_212

"We necessarily disagree with the 'clear liability' language []introduced by the district court in

127_213

deciding Healthcare's post-trial application for judgment as a matter of law. As noted, 'clear

127_214

liability' was specifically rejected and abandoned [and] there is no case since Pavia in which a

127_215

court held that a finding of clear liability was given conclusive or totally dispositive weight."

127_216

Publications and teaching

127_217

Berman has authored a number of articles about children, including A Team Model To Identify Child

127_218

Abuse, Seven Steps To Protect Children, Community Service for Juvenile Offenders, and Special

127_219

Immigrant Juvenile Status. Published in the New York Law Journal, these articles offer guidance in

127_220

developing improved models for identifying child abuse, bolstering the child welfare system,

127_221

implementing community service-based sentencing options for juvenile offenders, and improving the

127_222

process for obtaining special immigrant juvenile status.

127_223

Berman's efforts in improving media access to the Family Court system and promoting community

127_224

service have been cited in the New York Daily News and Newsday. See, e.g., Sun Also Rises in

127_225

Family Court, Helping Other Helps Teens, Embracing Community Service for Juveniles, and A New Way

127_226

Out of Trouble.

127_227

Berman lectured about the "Rule of Law" before judges in Albania in 2013. He has also moderated a

127_228

panel discussion of the "Rule of Law" at an international legal symposium in Istanbul, Turkey in

127_229

2014.

127_230

In 2021, Berman published the results of a study on the Federal Court Involvement on Supervised

127_231

Release. The results of the study indicate that the judiciary play a vital role in overseeing

127_232

defendants’ reentry following prison. On October 15, 2021, Berman also participated on a panel for

127_233

the Penn Program on Regulation titled How Judges Can Make a Difference in the Success of Supervised

127_234

Release.

127_235

Awards

127_236

Judge Berman received the National Association of Social Workers (NYC) Emerald award for 20 years

127_237

of leadership as a licensed social worker and judge on March 28, 2019.

127_238

See also List of Jewish American jurists References

127_239

61. Judge Berman: 'Deflategate Is Finally Put to Rest.", Sports Illustrated (3/17/17), Retrieved

127_240

from

127_241

https://www.si.com/nfl/2017/03/17/nfl-judge-richard-berman-deflategate-tom-brady-super-bowl-51-ted-

127_242

wells-wells-report-roger-goodell

127_243

External links

127_244

1943 births Living people Cornell University alumni New York University School of Law alumni

127_245

Fordham University alumni New York (state) lawyers

127_246

Judges of the United States District Court for the Southern District of New York

127_247

United States district court judges appointed by Bill Clinton Lawyers from New York City

127_248

Davis Polk & Wardwell lawyers 20th-century American judges 21st-century American judges

128_0

John Newton (; – 21 December 1807) was an English Anglican cleric, a captain of slave ships who

128_1

later became an investor in the slave trade but subsequently became an abolitionist. He served as a