Joseph Edward Lumbard Jr. (August 18, 1901 – June 3, 1999) was a

United States circuit judge In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. Su ...

of the

United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York (state), New York, and Vermont, and it has ap ...

Early life and career

Born on August 18, 1901, in

Harlem Harlem is a neighborhood in Upper Manhattan, New York City. It is bounded roughly by the Hudson River on the west; the Harlem River and 155th Street on the north; Fifth Avenue on the east; and Central Park North on the south. The greater ...

New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...

New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...

, Lumbard attended

DeWitt Clinton High School DeWitt Clinton High School is a public high school located since 1929 in the Bronx borough of New York City. Opened in 1897 in Lower Manhattan as an all-boys school, it maintained that status for 86 years before becoming co-ed in 1983. From i ...

The Bronx The Bronx ( ) is the northernmost of the five Boroughs of New York City, boroughs of New York City, coextensive with Bronx County, in the U.S. state of New York (state), New York. It shares a land border with Westchester County, New York, West ...

.. He received an Artium Baccalaureus degree in 1922 from

Harvard University Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...

and, after attending the

Fordham University School of Law Fordham University School of Law is the law school of Fordham University. The school is located in Manhattan in New York City, and is one of eight ABA-approved law schools in that city. According to Fordham University School of Law's ABA- ...

, received a

Bachelor of Laws A Bachelor of Laws (; LLB) is an undergraduate law degree offered in most common law countries as the primary law degree and serves as the first professional qualification for legal practitioners. This degree requires the study of core legal subje ...

from

Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...

. In 1920, while an undergraduate at Harvard University, he was expelled by its "Secret Court" of 1920 for associating with a group of homosexuals, including his roommate. He was readmitted a year later. He was an

Assistant United States Attorney An assistant United States attorney (AUSA) is an official career civil service position in the U.S. Department of Justice composed of lawyers working under the U.S. attorney of each U.S. federal judicial district. They represent the federal gov ...

for the Southern District of New York from 1925 to 1927 and again from 1931 to 1933, serving as Chief of the Criminal Division from 1931 to 1933. He served as a special assistant attorney general for the State of New York from 1928 to 1929, in 1930, in 1936 and in 1942. He also served as President of the

New York Young Republican Club The New York Young Republican Club (NYYRC) is an organization for members of the Republican Party between the ages of 18 and 40 in Manhattan. The New York Young Republican Club is the oldest and largest chapter in the United States, founded in 1 ...

from 1929 to 1930. He was in private practice in New York City from 1929 to 1931 and again from 1933 to 1953. In 1933, he became a founding partner in the law firm of Donovan, Leisure, Newton & Lumbard. He served as an assistant campaign manager for

Thomas E. Dewey Thomas Edmund Dewey (March 24, 1902 – March 16, 1971) was an American lawyer and politician who served as the 47th Governor of New York from 1943 to 1954. He was the Republican Party's nominee for president of the United States in 1944 and ...

's unsuccessful campaign for president in 1944. He was a Justice of the

New York Supreme Court The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...

in 1947. He was the

United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...

for the Southern District of New York from 1953 to 1955.

Federal judicial service

Lumbard was nominated by President

Dwight D. Eisenhower Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; October 14, 1890 – March 28, 1969) was the 34th president of the United States, serving from 1953 to 1961. During World War II, he was Supreme Commander of the Allied Expeditionar ...

on May 13, 1955, to a seat on the

vacated by Judge

John Marshall Harlan John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American lawyer and politician who served as an associate justice of the Supreme Court of the United States from 1877 until his death in 1911. He is often called "The Great Disse ...

. He was confirmed by the

United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...

on July 11, 1955, and received his commission on the next day. He served as Chief Judge from 1959 to 1971. He was a member of the

Judicial Conference of the United States The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial co ...

from 1960 to 1971. He assumed senior status on July 20, 1971. His service terminated on June 3, 1999, due to his death in Fairfield,

Connecticut Connecticut ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...

''Modern Settings v. Prudential''

One landmark decision penned by Lumbard was ''Modern Settings v. Prudential'' (1991), which dealt with a dispute between an investor and a broker over alleged unauthorized trading. The customer agreement between the parties provided "Reports of the execution of orders and statements of my account shall be conclusive if not objected to within five days and ten days, respectively, after transmittal to me (Modern Settings) by mail or otherwise." Lumbard held that such a contract clause is presumptively enforceable. It is reasonable to require that a customer memorialize his objections so courts will not become a forum for endless swearing contests between brokers and customers. On the other hand, he allowed for the possibility of the invalidity of such a clause in some cases. "There will be instances where a disparity in sophistication between a brokerage firm and its customer will warrant a flexible application of such written notice clauses.... Similarly, we do not foreclose the possibility that a broker may be estopped from raising a defense based on the written notice clause if the broker's own assurances of deceptive acts forestall the customer's filing of their required written complaint."

Other service

He declined a request from President Nixon to be the special prosecutor in the infamous

Watergate scandal The Watergate scandal was a major political scandal in the United States involving the Presidency of Richard Nixon, administration of President Richard Nixon. The scandal began in 1972 and ultimately led to Resignation of Richard Nixon, Nix ...

, a job that was later taken up by

Archibald Cox Archibald Cox Jr. (May 17, 1912 – May 29, 2004) was an American legal scholar who served as United States Solicitor General, U.S. Solicitor General under President John F. Kennedy and as a special prosecutor during the Watergate scandal. During ...

. In 1959, he was appointed to the

Harvard Board of Overseers The Harvard Board of Overseers (more formally The Honorable and Reverend the Board of Overseers) is an advisory board of alumni at Harvard University. Unlike the Harvard Corporation, the Board of Overseers is not a fiduciary governing board, but in ...

and served for ten years. From 1964 to 1968, He was chairman of the

American Bar Association The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...

's Committee to Develop Minimum Standards for Criminal Justice. In 1968, he was awarded the A.B.A.'s gold medal for his contributions to justice administration.

References

External links