Ellsworth Alfred Van Graafeiland

U.S. Court of Appeals for the Second Circuit circuit Deceased · served 1974–2004 Appointed by Gerald Ford (Republican) 30 signed orders read

Judge Graafeiland no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Graafeiland decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Read Title VII and the Constitution to bar non-remedial racial quotas, treating preferential treatment based solely on race, imposed where no discrimination in the challenged practice was shown, as forbidden reverse discrimination.

“the non-remedial distortion of a seniority system through preferential treatment based solely upon race is a form of reverse discrimination specifically proscribed by Congress.”

Procedural preferences

Applied settled New York long-arm doctrine to a novel internet dispute rather than stretch it, holding that a defendant who built an out-of-state website committed no tortious act within New York.

“attempting to apply established trademark law in the fast-developing world of the internet is somewhat like trying to board a moving bus”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. Angelo Bertolotti
· 1975-11-10
Appeal (appellant) Granted

“we are compelled to accede to appellants' request.”

Chance v. Board of Examiners and Board of Education of the City of New York
· 1976-05-17
Appeal (appellant) Granted

“We believe that the District Court erred in injecting into this plan a requirement for conformity to a racial quota formula, and we therefore reverse.”

Charles Vitagliano v. United States
· 1979-06-27
Appeal (appellant) Denied

“The judgment appealed from is affirmed.”

Guy Wayne Simmons v. Kenneth R. Braun
· 1980-08-14
Appeal (appellant) Denied

“The judgment appealed from is affirmed. Mandate shall issue forthwith.”

United States v. Victor Rosario
· 1980-11-03
Appeal (appellant) Denied

“The judgment appealed from is affirmed.”

United States v. Cargo Export Corporation
· 1982-04-01
Appeal (appellant) Denied

“Concluding that the grant of summary judgment was proper, we affirm.”

Wilson v. Steinhoff
· 1983-09-29
Appeal (appellant) Granted in part

“That portion of the order and judgment which dismisses the complaint against Steinhoff and the unknown parole officers, FBI agents, detectives, and police officers is vacated.”

Board of Electric Light Commissioners of Burlington v. McCarren
· 1983-12-30
Appeal (appellant) Denied

“On December 9, 1982, the district court granted Burlington’s motion for summary judgment, and this appeal followed. We affirm.”

United States v. Tibor Burger
· 1984-02-15
Appeal (appellant) Denied

“The judgment of the district court is affirmed.”

Cohen v. Board of Education, Smithtown Central School District, No. 1
· 1984-02-27
Appeal (appellant) Denied

“The judgment of the district court is affirmed.”

United States v. Robert L. Bennett
· 1984-03-12
Appeal (appellant) Denied

“Since we already have rejected appellant’s other claims of error, the judgment of conviction is affirmed.”

Giglio v. Dunn
· 1984-04-20
Appeal (appellant) Denied

“The judgment of the district court is affirmed.”

A historical record

Judge Graafeiland no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.