Jack B. Weinstein - Cases

Cases

The Second Circuit Appeals court reversed Judge Weinstein's ruling in favor of the City of New York (Mayor Bloomberg) against a group of gun manufacturers. The Second Circuit found the suit to be barred under Protection of Lawful Commerce in Arms Act (PLCAA). From the decision of April 30, 2008; "We conclude that the City’s claim, predicated on New York Penal Law § 240.45, does not fall within an exception to the claim restricting provisions of the Act because that statute does not fall within the contours of the Act’s predicate exception. We also hold that the PLCAA is a valid exercise of the powers granted to Congress pursuant to the Commerce Clause and that the PLCAA does not violate the doctrine of separation of powers or otherwise offend the Constitution in any manner alleged by the City." :

Judge Weinstein presided over a controversial wiki case in 2006-2007 (EFF article):

At today's hearing, federal district Judge Jack B. Weinstein refused to change his order blocking publication of material that would "facilitate dissemination" of the Lilly documents. A further hearing on the issue is set for Tuesday, January 16.

Fred von Lohmann files a preliminary motion to lift, or at least clarify, the injunction against this wiki. The Honorable Judge Weinstein will not consider changing the language of the order until the hearing scheduled for 16 January.

Eli Lilly moved to censor the links to the documents one journalist posted on the free wiki site.

According to a New York Times article published on December 17, 2006, Eli Lilly has engaged in a decade-long effort to play down the health risks of Zyprexa, its best-selling medication for schizophrenia, according to hundreds of internal Lilly documents and e-mail messages among top company managers. These documents and e-mail messages were soon made publicly available as a location hidden Tor service, and then made available on the public Internet. Eli Lilly got a temporary restraining order from a US District Court signed on January 4, 2007 to stop the dissemination or downloading of Eli Lilly documents about Zyprexa, and this allowed them to get a few US-based websites to remove them; on January 8, 2007, Judge Jack B. Weinstein refused the Electronic Frontier Foundation's motion to stay his order. The documents can now only be downloaded from public Internet sites outside the US. These health risks include an increased risk for diabetes through Zyprexa's links to obesity and its tendency to raise blood sugar. Zyprexa is Lilly’s top-selling drug, with sales of $4.2 billion last year.

On March 10, 2005 Judge Jack Weinstein of Brooklyn Federal Court dismissed a lawsuit filed by the Vietnamese victims of Agent Orange against producers of chemicals defoliants/herbicides, denying millions to those poisoned by the rainbow defoliants.

According to a May 2010 New York Times article, Weinstein has begun to issue a "series of rulings that directly attack the mandatory five-year prison sentence faced by defendants charged with receiving child pornography."