Alvin Hellerstein
Encyclopedia
Alvin K. Hellerstein is a senior judge of the U.S. District Court for the Southern District of New York and has been involved in several high-profile cases.
He was nominated by President Bill Clinton
on May 15, 1998, to a seat vacated by Louis L. Stanton; Confirmed by the Senate on October 21, 1998, and received his commission on October 22, 1998. He took senior status
on January 31, 2011.
, where he was an editor of the Columbia Law Review
, and served in the United States Army Judge Advocate General's Corps from 1959 to 1960.
NV and Pinkerton's airport security firms, the World Trade Center
owners, and Boeing Co., the aircraft manufacturer. The case was brought by people injured in the attacks, representatives of those who died, and entities that suffered property damage. In September 2004, just before the three-year statute of limitations expired, the insurers for the World Trade Center filed suit against American Airlines
, United Airlines
, and Pinkerton's airport security firm, alleging their negligence allowed the planes to be hijacked. Because the Air Transportation Act, which was passed after the September 11, 2001 attacks, limits the liability of airlines, aircraft manufacturers, and airports to the amount of their insurance coverage, this case will likely be combined with the consolidated master case filed in 2003.
On January 12, 2006, Hellerstein dismissed the last remaining property-damage claim against New York City
, while leaving pending several other suits against other parties, among them the Port Authority of New York and New Jersey
. According to Reuters
, "[s]ix insurers sought repayment from the city for expenses arising from the collapse of a 47-story office building near the Twin Towers"; Hellerstein ruled New York had immunity
. http://web.archive.org/web/20060115064148/http://news.yahoo.com/s/nm/20060113/bs_nm/financial_newyork_dc
The World Trade Center first responders (e.g., police and fire fighters) and the city conflicted with each other over the issue of payments for health costs of survivors among the first responders. On October 17, 2006 federal judge Alvin K. Hellerstein rejected New York City's motion to dismiss lawsuits that requested health payments to the first responders.
Alvin Hellerstein, on July 7, 2008 ruled that "the city is not required to re-sift through debris from ground zero
in search of bits of human remains and remove it to a space where a cemetery might be built (thereby leaving the material from ground zero at Fresh Kills
landfills). Plaintiffs have no property right in an undifferentiated, unidentifiable mass of dirt that may or may not contain the remains of plaintiffs' loved ones. Not every wrong can be addressed through the judicial process." Hellerstein urged the city to build a memorial and nature reserve at the site. Victims' families' counsel Norman Siegel criticized the ruling: "We are not prepared to leave hundreds of human remains of 9/11 victims on top of a garbage dump as their final resting place."
internal files related to Iraq
should be made public. http://web.archive.org/web/20050320182051/http://www.wjla.com/news/stories/1204/195735.html Judge Alvin Hellerstein's comments marked a victory for the American Civil Liberties Union
(ACLU) and other groups seeking information about the treatment of detainees at Guantanamo
and in Iraq.
On June 3, 2005, Judge Hellerstein ordered the government to release four videos from Abu Ghraib prison
and dozens of photographs from the same collection as photos that touched off the Iraqi prisoner abuse scandal a year ago. The ACLU said the material would show that the abuse was "more than the actions of a few rogue soldiers."
Hellerstein said the 144 pictures and videos can be turned over in redacted form to protect the victims' identities. He gave the Army one month to release them.
The judge ordered the release after he viewed eight of the photos. They were given to the Army by a military policeman assigned to Abu Ghraib.
On September 29, 2005, in ACLU v. Department of Defense (caution: large PDF file), Hellerstein ordered the release of 87 more photographs and videotapes. http://news.bbc.co.uk/2/hi/middle_east/4295324.stm In April 2006, the Department of Defense informed the court that it was withholding an additional 29 photos and two videos relating to detainee treatment. http://www.aclu.org/pdfs/orderstip04102006.pdf The ACLU reports that "details regarding the specific content of these additional images are unknown." http://www.aclu.org/safefree/torture/24975prs20060411.html
In October 2003, the ACLU filed a lawsuit seeking information on treatment of detainees in U.S. custody and the transfer of prisoners to countries known to use torture
. The ACLU contends that prisoner abuse is systemic.
On March 2009 Hellerstein received a three page letter about the search for transcripts and other records of the 92 tapes the CIA recorded of the use of controversial interrogation techniques from United States Attorneys in New York
.
They asserted that the CIA had not been able to find any records of the contents of the tapes, and they asked for a two week extension to keep looking.
They also asserted that the CIA had not been able to determine the contents of the tapes by asking for descriptions from those who had viewed the tape, because they had no record of who had viewed the tapes.
He was nominated by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
on May 15, 1998, to a seat vacated by Louis L. Stanton; Confirmed by the Senate on October 21, 1998, and received his commission on October 22, 1998. He took senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on January 31, 2011.
Prior to judicial appointment
Alvin Hellerstein was the co-head of the Litigation Department at Stroock & Stroock & Lavan LLP. He received his LL.B. from Columbia Law SchoolColumbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
, where he was an editor of the Columbia Law Review
Columbia Law Review
The Columbia Law Review is a law review edited and published by students at Columbia Law School. In addition to articles, the journal regularly publishes scholarly essays and student notes. It was founded in 1901 by Joseph E. Corrigan and John M. Woolsey, who served as the review's first...
, and served in the United States Army Judge Advocate General's Corps from 1959 to 1960.
World Trade Center cases
In 2003, Hellerstein agreed to hear a consolidated master case against three airlines, ICTS InternationalICTS International
ICTS International is an Israeli firm based in the Netherlands that develops products and provides consulting and personnel services in the field of aviation and general security. It was established in 1982, by former members of the Shin Bet, Israel's internal security agency, and El Al airline...
NV and Pinkerton's airport security firms, the World Trade Center
World Trade Center
The original World Trade Center was a complex with seven buildings featuring landmark twin towers in Lower Manhattan, New York City, United States. The complex opened on April 4, 1973, and was destroyed in 2001 during the September 11 attacks. The site is currently being rebuilt with five new...
owners, and Boeing Co., the aircraft manufacturer. The case was brought by people injured in the attacks, representatives of those who died, and entities that suffered property damage. In September 2004, just before the three-year statute of limitations expired, the insurers for the World Trade Center filed suit against American Airlines
American Airlines
American Airlines, Inc. is the world's fourth-largest airline in passenger miles transported and operating revenues. American Airlines is a subsidiary of the AMR Corporation and is headquartered in Fort Worth, Texas adjacent to its largest hub at Dallas/Fort Worth International Airport...
, United Airlines
United Airlines
United Air Lines, Inc., is the world's largest airline with 86,852 employees United Air Lines, Inc., is the world's largest airline with 86,852 employees United Air Lines, Inc., is the world's largest airline with 86,852 employees (which includes the entire holding company United Continental...
, and Pinkerton's airport security firm, alleging their negligence allowed the planes to be hijacked. Because the Air Transportation Act, which was passed after the September 11, 2001 attacks, limits the liability of airlines, aircraft manufacturers, and airports to the amount of their insurance coverage, this case will likely be combined with the consolidated master case filed in 2003.
On January 12, 2006, Hellerstein dismissed the last remaining property-damage claim against New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
, while leaving pending several other suits against other parties, among them the Port Authority of New York and New Jersey
Port Authority of New York and New Jersey
The Port Authority of New York and New Jersey is a bi-state port district, established in 1921 through an interstate compact, that runs most of the regional transportation infrastructure, including the bridges, tunnels, airports, and seaports, within the Port of New York and New Jersey...
. According to Reuters
Reuters
Reuters is a news agency headquartered in New York City. Until 2008 the Reuters news agency formed part of a British independent company, Reuters Group plc, which was also a provider of financial market data...
, "[s]ix insurers sought repayment from the city for expenses arising from the collapse of a 47-story office building near the Twin Towers"; Hellerstein ruled New York had immunity
Sovereign immunity in the United States
Sovereign immunity in the United States is the legal privilege by which the American federal, state, and tribal governments cannot be sued. Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort...
. http://web.archive.org/web/20060115064148/http://news.yahoo.com/s/nm/20060113/bs_nm/financial_newyork_dc
The World Trade Center first responders (e.g., police and fire fighters) and the city conflicted with each other over the issue of payments for health costs of survivors among the first responders. On October 17, 2006 federal judge Alvin K. Hellerstein rejected New York City's motion to dismiss lawsuits that requested health payments to the first responders.
Alvin Hellerstein, on July 7, 2008 ruled that "the city is not required to re-sift through debris from ground zero
Ground zero
The term ground zero describes the point on the Earth's surface closest to a detonation...
in search of bits of human remains and remove it to a space where a cemetery might be built (thereby leaving the material from ground zero at Fresh Kills
Fresh Kills
Fresh Kills is a stream and freshwater estuary in the western portion of the New York City borough of Staten Island...
landfills). Plaintiffs have no property right in an undifferentiated, unidentifiable mass of dirt that may or may not contain the remains of plaintiffs' loved ones. Not every wrong can be addressed through the judicial process." Hellerstein urged the city to build a memorial and nature reserve at the site. Victims' families' counsel Norman Siegel criticized the ruling: "We are not prepared to leave hundreds of human remains of 9/11 victims on top of a garbage dump as their final resting place."
U.S. military detainees
On December 20, 2004, Hellerstein said he would deny a government request to delay a review of whether certain Central Intelligence AgencyCentral Intelligence Agency
The Central Intelligence Agency is a civilian intelligence agency of the United States government. It is an executive agency and reports directly to the Director of National Intelligence, responsible for providing national security intelligence assessment to senior United States policymakers...
internal files related to Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
should be made public. http://web.archive.org/web/20050320182051/http://www.wjla.com/news/stories/1204/195735.html Judge Alvin Hellerstein's comments marked a victory for the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
(ACLU) and other groups seeking information about the treatment of detainees at Guantanamo
Guantanamo Bay detainment camp
The Guantanamo Bay detention camp is a detainment and interrogation facility of the United States located within Guantanamo Bay Naval Base, Cuba. The facility was established in 2002 by the Bush Administration to hold detainees from the war in Afghanistan and later Iraq...
and in Iraq.
On June 3, 2005, Judge Hellerstein ordered the government to release four videos from Abu Ghraib prison
Abu Ghraib prison
The Baghdad Central Prison, formerly known as Abu Ghraib prison is in Abu Ghraib, an Iraqi city 32 km west of Baghdad. It was built by British contractors in the 1950s....
and dozens of photographs from the same collection as photos that touched off the Iraqi prisoner abuse scandal a year ago. The ACLU said the material would show that the abuse was "more than the actions of a few rogue soldiers."
Hellerstein said the 144 pictures and videos can be turned over in redacted form to protect the victims' identities. He gave the Army one month to release them.
The judge ordered the release after he viewed eight of the photos. They were given to the Army by a military policeman assigned to Abu Ghraib.
On September 29, 2005, in ACLU v. Department of Defense (caution: large PDF file), Hellerstein ordered the release of 87 more photographs and videotapes. http://news.bbc.co.uk/2/hi/middle_east/4295324.stm In April 2006, the Department of Defense informed the court that it was withholding an additional 29 photos and two videos relating to detainee treatment. http://www.aclu.org/pdfs/orderstip04102006.pdf The ACLU reports that "details regarding the specific content of these additional images are unknown." http://www.aclu.org/safefree/torture/24975prs20060411.html
In October 2003, the ACLU filed a lawsuit seeking information on treatment of detainees in U.S. custody and the transfer of prisoners to countries known to use torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
. The ACLU contends that prisoner abuse is systemic.
On March 2009 Hellerstein received a three page letter about the search for transcripts and other records of the 92 tapes the CIA recorded of the use of controversial interrogation techniques from United States Attorneys in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
.
They asserted that the CIA had not been able to find any records of the contents of the tapes, and they asked for a two week extension to keep looking.
They also asserted that the CIA had not been able to determine the contents of the tapes by asking for descriptions from those who had viewed the tape, because they had no record of who had viewed the tapes.