Jack B. Weinstein - Controversy

Controversy

Judge Jack Weinstein has been criticized for being sympathetic towards plaintiffs in litigation against the tobacco and firearm industries. An investigation by the New York Sun found that big lawsuits with billions of dollars at stake tend to get assigned to Judge Weinstein. According to the newspaper, some plaintiffs, particularly in tobacco and firearms cases state at filing time that their cases are related to other cases that are or have been before Judge Weinstein. This results in their cases being assigned to him as well. Judge Weinstein has been criticized for this practice by other judges including Judge George Pratt and Judge José Cabranes of the 2nd Circuit. Defense attorneys for the firearm and tobacco industries have alleged judge shopping and have long tried to get their cases reassigned away from Judge Weinstein's courtroom, with mixed results.

The Second Amendment Foundation, a gun rights organization has called upon Judge Weinstein to step down from the bench or step aside from hearing any further gun industry lawsuit cases, arguing that the judge has become known more for activism than judicial neutrality.

In June 2008, in the case of Adventure Outdoors, a Georgia gun dealer sued by the City of New York, Judge Weinstein was accused of having "already made up his mind about the case, making any trial 'a mere formality.'" Judge Weinstein had decided to seat an advisory jury, which caused the gun dealer to withdraw from the trial in order to move more quickly to an appellate court. The Second Amendment Foundation echoed concerns that the dealer could not get a fair trial before Judge Weinstein and called for Weinstein to recuse himself from firearms industry cases.