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Jon S. Tigar

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Jon Tigar
Judge of the United States District Court for the Northern District of California
Incumbent
Assumed office
January 18, 2013
Appointed byBarack Obama
Preceded bySaundra Brown Armstrong
Personal details
Born1962 (age 61–62)
London, United Kingdom
EducationWilliams College (BA)
University of California, Berkeley (JD)

Jon Steven Tigar (born 1962) is an American lawyer and jurist serving as a U.S. district judge of the United States District Court for the Northern District of California. He was previously a California state court judge on the Alameda County Superior Court from 2002 to 2013.

Early life and education

Tigar was born in 1962 in London, England.[1] He graduated from Williams College in 1984 with a Bachelor of Arts degree in economics and English literature. He spent two years working as a paralegal at several law firms, then attended the UC Berkeley School of Law, where he was an articles editor of the California Law Review and a research assistant to professor Melvin Eisenberg. He graduated in 1989 with a Juris Doctor degree and Order of the Coif honors.

After graduating from law school, Tigar served as a law clerk for Judge Robert Smith Vance of the U.S. Court of Appeals for the Eleventh Circuit from 1989 to 1990.[2][3] During Tigar's clerkship, Vance was killed by a mail bomb sent to his home.[4]

From 1990 until 1992, Tigar served as a litigation associate for the law firm Morrison & Foerster. He then served as a public defender in San Francisco from 1993 until 1994.[2] Tigar practiced complex commercial litigation, and became a partner, at the law firm Keker & Van Nest from 1994 until 2002.[2] From 2002 to 2013, Tigar served as a judge on the Alameda County Superior Court.[2]

Tigar is a member of the American Law Institute, for which he served as an Adviser to the Restatement (Third) of Torts: Liability for Economic Loss and now serves in the same capacity on the forthcoming Restatement (Third) of Torts: Defamation and Privacy.[3][5] Tigar has taught Pretrial Litigation at UC Berkeley School of Law. He previously served as a member of the California Judicial Council's Advisory Committee on Civil Jury Instructions and the Ninth Circuit's Jury Instructions Committee. From 2016 to 2019, he was the Judicial Representative to the Section of Antitrust Law of the American Bar Association. He is a Fellow of the American Bar Foundation.

Federal judicial service

On June 11, 2012, President Barack Obama nominated Tigar to be a judge on the United States District Court for the Northern District of California, taking the seat vacated by Judge Saundra Brown Armstrong, who took senior status on March 23, 2012.[2] The United States Senate Committee on the Judiciary held a hearing on his nomination on July 11, 2012, and reported his nomination to the floor on August 2. The Senate confirmed his nomination by unanimous consent on December 21, 2012, and he received his commission on January 18, 2013.[3]

Notable decisions

On April 2, 2015, Tigar ordered the California Department of Corrections ("CDCR") to provide gender reassignment surgery to a transgender inmate, finding that such surgery was the only adequate medical treatment for her gender dysphoria.[6]

Since August 2017, Tigar has presided over Plata v. Newsom, a case concerning the constitutional adequacy of medical care in the California state prison system. On September 27, 2021, Tigar ordered that all CDCR staff, including medical and custody staff, be vaccinated against COVID-19, subject to medical and religious exemption.[7] Tigar found that because the undisputed evidence showed that staff were the means for COVID to enter the prisons, allowing prison employees to remain unvaccinated violated incarcerated persons' Eighth Amendment constitutional rights. On April 25, 2022, the Ninth Circuit vacated Tigar's order, finding that CDCR's refusal to require its custody staff to accept the vaccine did not constitute deliberate indifference.[8]

On October 4, 2017, in the In re Wells Fargo & Company Shareholder Derivative Litigation, Tigar allowed a shareholder lawsuit to proceed against Wells Fargo's directors, finding it plausible that they had "consciously disregarded their fiduciary duties despite knowledge regarding [Wells Fargo's] widespread illegal account-creation activities."[9] Financial writer Gretchen Morgenson called the ruling "unusual and welcome" and said it would "resonate among corporate directors."[10]

On November 19, 2018, Tigar issued a nationwide injunction barring the Trump administration from enforcing a rule that would deny asylum to anyone who entered the United States somewhere other than at a designated port of entry.[11] Complaining about the ruling, President Trump characterized Tigar as an "Obama judge"—prompting Chief Justice John Roberts to respond, "We do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for."[12] The Ninth Circuit Court of Appeals upheld Tigar's injunction,[13][14] and the Supreme Court allowed it to remain in place pending appeal.[15] On February 2, 2021, President Biden signed Executive Order 14010 revoking Proclamation 9880 of May 9, 2019 (Addressing Mass Migration Through the Southern Border of the United States),[16] thereby abrogating the rule limiting asylum claims.

On July 24, 2019, Tigar issued a nationwide injunction that barred the Trump administration from denying asylum to persons who crossed through but did not apply for asylum in a third country.[17] In August, the Court of Appeals for the Ninth Circuit found the administration's asylum policy "likely violated federal regulatory law" but narrowed Tigar's injunction to apply only within the Ninth Circuit.[18] On September 9, 2019, Tigar reinstated the nationwide scope of the injunction.[19] The Supreme Court stayed both orders on September 11, 2019, without addressing the legality of the administration's asylum policy.[20] On July 6, 2020, the Ninth Circuit affirmed the injunction blocking the third country asylum bar and upheld the nationwide scope of the injunction.

On November, 2020, Tigar issued an order enjoining the California Department of Motor Vehicles from enforcing a ban on personalized license plate configurations it found “offensive to good taste and decency” on the grounds that the regulation violated the First Amendment to the United States Constitution.[21]   Tigar wrote that the DMV's “good taste and decency” standard created “a facial distinction between societally favored and disfavored ideas” and that “the public expression of ideas may not be prohibited merely because the ideas are themselves offensive to some of their hearers.”[22]

On July 5, 2022, he issued an order vacating Endangered Species Act regulations promulgated during the Trump administration.  His ruling had the effect of reinstating the regulations as they had previously existed.[23]

On July 13, 2022, he ruled that a lawsuit against Subway for falsely promoting its sandwiches as containing “100% Tuna” could proceed.[24]

References

  1. ^ "Senate Judiciary Committee Questionnaire – Jon S. Tigar". Retrieved 9 November 2022.
  2. ^ a b c d e "President Obama Nominates Two to Serve on the US District Court". whitehouse.gov. 11 June 2012 – via National Archives.
  3. ^ a b c "Tigar, Jon Steven – Federal Judicial Center". www.fjc.gov.
  4. ^ "Judge Vance Murder". Federal Bureau of Investigation. Retrieved 2021-06-10.
  5. ^ "ALI, Restatement of the Law Third, Torts: Defamation and Privacy: Participants".
  6. ^ "Ryan Parker, "Federal Judge Orders California Prison Inmate Be Granted Sexual Reassignment," L.A. Times (Apr. 2, 2015)".
  7. ^ ""Judge orders California prison guards to get vaccinated," S.F. Chronicle (Sept. 27, 2021)". 27 September 2021.{{cite web}}: CS1 maint: url-status (link)
  8. ^ Plata v. Newsom, No. 21-16696, 2022 WL 1210694 (9th Cir. Apr. 25, 2022).
  9. ^ Brad Karp (15 December 2017). "Analysis of Wells Fargo Shareholder Litigation, Harvard Law School Forum on Corporate Governance and Financial Regulation".
  10. ^ "Gretchen Morgenson, "Bringing Accountability to the Wells Fargo Boardroom," NY Times (Nov. 3, 2017)".
  11. ^ "Miriam Jordan, "Federal Judge Blocks Trump's Proclamation Targeting Some Asylum Seekers," NY Times (Nov. 20, 2018)".
  12. ^ "Adam Liptak, "Chief Justice Defends Judicial Independence After Trump Attacks 'Obama Judge,'" NY Times (Nov. 21, 2018)".
  13. ^ "Debra Cassens Weiss, "9th Circuit: New Asylum Restrictions Likely Violate Federal Law; Bybee Wrote Opinion," ABA Journal (Dec. 10, 2018)".
  14. ^ ""Court Refuses to Allow Trump Asylum Ban for Immigrants Entering Illegally," The Guardian (Dec. 7, 2018)".
  15. ^ "Robert Barnes, "Supreme Court Denies Trump Administration Request to Immediately Enforce New Asylum Rules," Washington Post (Dec. 21, 2018)".
  16. ^ "Executive Order 14010—Creating a Comprehensive Regional Framework To Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum Seekers at the United States Border | The American Presidency Project". www.presidency.ucsb.edu. Retrieved 2021-04-01.
  17. ^ "Miriam Jordan and Zolan Kanno-Youngs, "Trump's Latest Attempt to Bar Asylum Seekers Is Blocked After a Day of Dueling Rulings," NY Times (July 24, 2019)".
  18. ^ "Ted Hesson, "Trump Scores Partial Win On Asylum Ban As Court Narrows Injunction," Politico (Aug. 16, 2019)".
  19. ^ "Sarah Mervosh, "Judge Reinstates Nationwide Injunction on Trump Asylum Rule," NY Times (Sep. 9, 2019)".
  20. ^ "Faith E. Pinho, "Ruling Opens the Way for Sex, Rock and 'Gangster' Talk on License Plates," L.A. Times (Nov. 25, 2020)".{{cite news}}: CS1 maint: url-status (link)
  21. ^ "Faith E. Pinho, "Ruling Opens the Way for Sex, Rock and 'Gangster' Talk on License Plates," L.A. Times (Nov. 25, 2020)". Retrieved March 31, 2021.{{cite news}}: CS1 maint: url-status (link)
  22. ^ "Bob Egelko, "California's Ban on Some 'Offensive' Vehicle License Tags Ruled Violation of Free Speech," S.F. Chronicle (Nov. 25, 2020)".{{cite news}}: CS1 maint: url-status (link)
  23. ^ Ella Nilsen. "Endangered Species Act restored by federal judge after Trump-era weakening". CNN. Retrieved 2022-07-14.
  24. ^ Chappell, Bill. "A U.S Judge rules that Subway can be sued over its '100% Tuna' claim". National Public Radio. Retrieved 13 July 2022.
Legal offices
Preceded by Judge of the United States District Court for the Northern District of California
2012–present 		Incumbent
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