Kevin Duffy
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Kevin Thomas Duffy (January 10, 1933 – April 1, 2020) was an American lawyer and
United States district judge The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...
of the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York Ci ...
.


Education and career

Born on January 10, 1933, in
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 ...
, Duffy received a bachelor's degree from
Fordham University Fordham University is a Private university, private Society of Jesus, Jesuit research university in New York City, United States. Established in 1841, it is named after the Fordham, Bronx, Fordham neighborhood of the Bronx in which its origina ...
in 1954 and 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 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- ...
in 1958. He clerked for Judge J. Edward Lumbard at 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 ...
(1955–1958). Duffy served as 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 ...
(1958–1959) and assistant chief of the Criminal Division (1959–1961) at the office of 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 before going into private practice as an associate with the New York City
firm A company, abbreviated as co., is a Legal personality, legal entity representing an association of legal people, whether Natural person, natural, Juridical person, juridical or a mixture of both, with a specific objective. Company members ...
Whitman, Ransom & Coulson (1961–1966). He later became a partner with Gordon & Gordon (1966–1969). Duffy was later appointed New York regional administrator of the
Securities and Exchange Commission The United States Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street crash of 1929. Its primary purpose is to enforce laws against market m ...
office (1969–1972). His tenure as Regional Administrator of the United States Securities and Exchange Commission was in a time of turmoil in Wall Street. He is viewed by many as having been the first proponent within the Commission of what eventually became Securities Investor Protection Corporation or SIPC.


Federal judicial service

On September 25, 1972, Duffy was nominated by
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican ...
to a seat on the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York Ci ...
vacated by Judge Irving Ben Cooper. Duffy was
confirmed In Christian denominations that practice infant baptism, confirmation is seen as the sealing of the covenant created in baptism. Those being confirmed are known as confirmands. The ceremony typically involves laying on of hands. Catholicis ...
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 October 12, 1972, and received his commission on October 17, 1972. At that time, he became the youngest member of the federal judiciary. He assumed senior status on January 10, 1998. He retired from active service on September 30, 2016.


Notable cases

In 1973, as a new member of the Southern District, Duffy was assigned one of the most complicated and difficult organized crime narcotics cases tried in Manhattan federal court, '' United States v. Tramunti.''
Carmine Tramunti Carmine Paul "Mr. Gribbs" Tramunti (October 1, 1910 – October 15, 1978) was an Italian-born American mobster who was the boss of the Lucchese crime family. Biography Operating in Harlem Carmine Paul Tramunti was born October 1, 1910, in Napl ...
and thirty others were charged with conspiracy to violate the federal narcotics laws in connection with many sales of heroin. Several defendants pleaded guilty; some cooperated and testified; three became fugitives prior to trial; one was murdered before trial; another, who was on bail, fell down a flight of stairs and fractured his skull during the trial; and, an attorney for another of the defendants died suddenly during the trial. "Through it all, the young and relatively inexperienced Judge Duffy presided with poise, calm and good grace." In 1977, Duffy threatened New York Governor
Hugh Carey Hugh Leo Carey (April 11, 1919 – August 7, 2011) was an American politician and attorney of the Democratic Party who served in the U.S. House of Representatives from 1961 to 1974 and as the 51st governor of New York from 1975 to 1982. Early ...
with
contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the co ...
for not imposing bridge tolls as Duffy had required him to under the
Clean Air Act of 1963 The Clean Air Act (CAA) is the United States' primary federal air quality law, intended to reduce and control Air pollution in the United States, air pollution nationwide. Initially enacted in 1963 and amended many times since, it is one of th ...
. In 1983, Duffy presided over one of the trials resulting from the
Brink's robbery (1981) The 1981 Brink's robbery was an armed robbery and three related murders committed on October 20, 1981, by several Black Liberation Army members and four former members of the Weather Underground, who were at the time associated with the May 19th ...
by the
Black Liberation Army The Black Liberation Army (BLA) was an underground Marxist–Leninist, black-nationalist militant organization that operated in the United States from 1970 to 1981. Composed of former Black Panthers (BPP) and Republic of New Afrika (RNA) mem ...
. In 1985, Duffy began a complicated multi-defendant trial involving the then-alleged leader and other members of the Gambino organized crime family. In a pre-trial decision, he severed many defendants in the case, pointing out that if the trial were held on the original indictment, the case would have been too unwieldy and cumbersome and would have lasted more than a year. Even with the severance, the Castellano trial was a difficult case to manage and on December 16, 1985,
Paul Castellano Constantino Paul Castellano (; June 26, 1915 – December 16, 1985) was an American crime boss who succeeded Carlo Gambino as head of the Gambino crime family of New York City. Castellano ran the organization from 1976 until his murder on Decem ...
, the alleged Gambino leader, and his bodyguard were gunned down outside of Sparks Steak House on East Forty-Sixth Street in Manhattan. Duffy also presided over the trial and conviction of the four principal perpetrators of the
1993 World Trade Center bombing The 1993 World Trade Center bombing was a terrorist attack carried out by Ramzi Yousef and associates against the United States on February 26, 1993, when a van bomb detonated below the North Tower of the World Trade Center complex in Manhat ...
. In a book about the trial, "Defending Mohammad: Justice on Trial," Robert E. Precht, a defense attorney for Mohammad Salameh (who rented the yellow Ryder van that carried the explosives), accused Duffy of bias and of "essentially convicting his client before the trial ended." Other defense lawyers have applauded the Judge's fair handling of the case and after the trial, the New York Post ran a headline calling him the "Avenger." Duffy presided over the trial of
Ramzi Yousef Ramzi Ahmed Yousef (; born 27 April 1968) is a Pakistani convicted terrorist who was one of the main perpetrators and the mastermind behind the 1993 World Trade Center bombing and the bombing of Philippine Airlines Flight 434; he was also a co- ...
, the mastermind of the
Bojinka plot The Bojinka plot ( ; ) was a large-scale, three-phase terrorist attack planned by Ramzi Yousef and Khalid Sheikh Mohammed for January 1995. They planned to assassinate Pope John Paul II; blow up 11 airliners in flight from Asia to the Unite ...
(the Manila Bombing Conspiracy), to hijack planes bound for the west coast of the United States and fly them into the Pacific Ocean on a coordinated schedule. In the words of the Second Circuit, "Judge Duffy carefully, impartially, and commendably conducted the two lengthy and extraordinarily complex trials from which these appeals were taken. The fairness of the proceedings over which he presided is beyond doubt." United States v. Yousef, 327 F.3d 56, 173 (2d Cir. 2003). Duffy's work on the civil side included difficult litigations, including presiding over the Iranian Assets Litigation, which followed from the attachment of Iranian government assets following the taking of American hostages. He also presided over the tender offer battle in which Gulf & Western Industries, Inc. made a
hostile Hostility is seen as a form of emotionally charged aggressive behavior. In everyday speech, it is more commonly used as a synonym for anger and aggression. It appears in several psychological theories. For instance it is a facet of neuroticism ...
tender offer In corporate finance, a tender offer is a type of public takeover bid. The tender offer is a public, open offer or invitation (usually announced in a newspaper advertisement) by a prospective acquirer to all stockholders of a publicly traded corp ...
for A&P. Duffy presided over the copyright case ''
Grand Upright Music, Ltd. v. Warner Bros. Records Inc. ''Grand Upright Music, Ltd v. Warner Bros. Records Inc.'', 780 Federal Supplement, F. Supp. 182 (S.D.N.Y. 1991), was a copyright case heard by the United States District Court for the Southern District of New York. Songwriter Gilbert O'Sullivan ...
'' 780 F. Supp. 182 (S.D.N.Y. 1991), in which Warner was sued over the use of the sampling of Raymond "Gilbert" O'Sullivan's "Alone Again (Naturally)" by rapper
Biz Markie Marcel Theo Hall (April 8, 1964 – July 16, 2021), known professionally as Biz Markie, was an American rapper, singer, songwriter, DJ, and record producer who gained prominence during hip hop's golden age. He was particularly recognized for ...
in his song "Alone Again". Duffy has been criticized for his opinion in ''Grand Upright v. Warner'', partly because Duffy begins his opinion with the biblical admonition – "thou shalt not steal" and later referred the defendant to the U.S. Attorney suggesting criminal charges. According to The Copyright Infringement Project of UCLA Law and Columbia Law School, Judge Duffy's opinion in ''Grand Upright v. Warner'' is "an iffy understanding on the part of this judge of the facts and issues before him in this case."The Copyright Infringement Project: Grand Upright v. Warner
Duffy ruled on post-trial motions of the defendant
Wadih El-Hage Wadih Elias el-Hage (, ''Wadī‘ al-Ḥāj'') (born July 25, 1960) is a Lebanese and naturalized American-French citizen,United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * Distric ...
. He has authored multiple majority published opinions for that court.


Assessments

According to ''The Almanac of the Federal Judiciary'' (2004), lawyers who appeared before Duffy described him as an unpleasant and difficult judge to appear before, quoting one lawyer as stating: "He's mercurial. He can be a brute." Others, however, note that "during his twenty years as a member of the federal judiciary, Judge Duffy has impressed litigants, lawyers, jurors, and his colleagues as a jurist of rare legal acumen who gets right to the core of a case, a human being of unusual common sense, humor and humility." According to The Copyright Infringement Project of UCLA Law and Columbia Law School, Duffy is "one of the most often reversed judges in the Second Circuit, he was rebuked by a Circuit panel in 1996 for mistreatment of a lawyer appearing before him."


Other activities

Duffy served as an
adjunct professor An adjunct professor is a type of academic appointment in higher education who does not work at the establishment full-time. The terms of this appointment and the job security of the tenure vary in different parts of the world, but the term is gen ...
for several different universities, including
Brooklyn Law School Brooklyn Law School (BLS) is a Private university, private law school in New York City. Founded in 1901, it has approximately 1,100 students. Brooklyn Law School's faculty includes 60 full-time faculty, 15 emeriti faculty, and adjunct faculty. ...
(1975–1980,
securities A security is a tradable financial asset. The term commonly refers to any form of financial instrument, but its legal definition varies by jurisdiction. In some countries and languages people commonly use the term "security" to refer to any for ...
), York University Law School (1983–1984,
trial advocacy Trial advocacy is the branch of knowledge concerned with making attorneys and other advocates more effective in trial proceedings. Trial advocacy is an essential trade skill for litigators and is taught in law schools and continuing legal educati ...
),
Pace University School of Law The Elisabeth Haub School of Law at Pace University in White Plains, New York, is the law school of Pace University, a private university with multiple locations in New York. Founded in 1976 as Pace Law School, the American Bar Association (ABA ...
(1984–1986, trial advocacy), and Fordham University School of Law (1993–2020, trial advocacy).


Personal life and death

Duffy lived in
Greenwich, Connecticut Greenwich ( ) is a New England town, town in southwestern Fairfield County, Connecticut, United States. As of the 2020 United States census, 2020 census, it had a population of 63,518. It is the largest town on Gold Coast (Connecticut), Connectic ...
and
Southampton, New York Southampton, officially the Town of Southampton, is a town in southeastern Suffolk County, New York, partly on the South Fork of Long Island. As of the 2020 U.S. census, the town had a population of 69,036. Southampton is included in the stre ...
at the time of his death. He and his wife, Irene, had four children. Because of his work in presiding over terrorism cases, Duffy was under security protection by the
United States Marshal Service The United States Marshals Service (USMS) is a Federal law enforcement in the United States, federal law enforcement agency in the United States. The Marshals Service serves as the enforcement and security arm of the United States federal judi ...
for ten years. Duffy died from complications of
COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by the coronavirus SARS-CoV-2. In January 2020, the disease spread worldwide, resulting in the COVID-19 pandemic. The symptoms of COVID‑19 can vary but often include fever ...
at Greenwich Hospital on April 1, 2020, aged 87.


See also

*
List of United States federal judges by longevity of service These are lists of Article III United States federal judges by longevity of service. Senate confirmation along with presidential appointment to an Article III court entails a lifelong appointment, unless the judge is impeached, resigns, retires, ...


References


External links


FOCUS ON: Judge Kevin Thomas Duffy
* {{DEFAULTSORT:Duffy, Kevin 1933 births 2020 deaths 20th-century American lawyers 21st-century American judges Assistant United States attorneys Brooklyn Law School faculty Deaths from the COVID-19 pandemic in Connecticut Fordham University School of Law alumni Fordham University alumni Judges of the United States District Court for the Southern District of New York Lawyers from the Bronx Lawyers from Greenwich, Connecticut People from Southampton (town), New York United States district court judges appointed by Richard Nixon