Saturday, April 24, 2010

Google Books Judge Chin Is Promoted to the Second Circuit

The Senate has approved President Obama's elevation of U.S. District Court Judge Denny Chin, who is sitting on the proposed Google Books settlement, to the Second Circuit Court of Appeals. Publishers Weekly breaks down the ramifications at

On the question of what happens to the Google deal, my hunch is that Judge Chin will dispose of that piece of business, for better or worse, before he moves on to the higher court. That is only a hunch. I have no inside information.

As for Chin's impact on Reed Elsevier v. Muchnick, I note that our case is being reviewed by the same three-judge panel that looked at it before issuing the jurisdiction ruling (which got overturned by the Supreme Court). After receiving the order from the justices reinstating the settlement and our objections to it, the Second Circuit has "stayed" any further action until May 7. Judge Chin will not even be in a position to recuse himself from Reed Elsevier v. Muchnick unless something requires consideration "en banc," by all the Second Circuit judges, rather than just by our three-judge panel.


Anonymous Moxie said...

Irv, what's the status of the freelance case?

Has the 2nd set a date and/or asked for any additional briefs?

2:24 PM  
Blogger Irv Muchnick said...

See the post I've just put up with links to all the new briefs at the Second Circuit. The court has not given a schedule beyond the deadlines for these recently filed papers.

8:49 PM  

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