Edward Carnes
2020 - Present
4
Edward Earl Carnes is a judge on senior status on the United States Court of Appeals for the 11th Circuit. He joined the court in 1992 after being nominated by President George H.W. Bush (R). Carnes assumed senior status on June 30, 2020. He served as chief judge of the court from 2013 to 2020.[1]
Carnes was succeeded by Andrew Brasher, who was nominated by President Donald Trump (R) on November 21, 2019, and confirmed by the U.S. Senate on February 11, 2020.
Early life and education
Born in Albertville, Alabama, Carnes earned his B.S. from the University of Alabama in 1972 and his J.D. from Harvard Law School in 1975.[1]
Professional career
- 1975-1992: Assistant attorney general, Alabama
- 1981-1992: Chief, capital punishment post-conviction litigation division[1]
Judicial career
11th Circuit Court of Appeals
 |
| Nominee Information |
| Name: Edward E. Carnes |
| Court: United States Court of Appeals for the 11th Circuit |
| Progress |
| Confirmed 226 days after nomination. |
| Questionnaire: |
| QFRs: (Hover over QFRs to read more) |
Carnes was nominated to the United States Court of Appeals for the 11th Circuit by President George H.W. Bush (R) on January 27, 1992, to a seat vacated by Frank M. Johnson, Jr. as Johnson assumed senior status. The American Bar Association rated Carnes Unanimously Qualified for the nomination.[2] Hearings on Carnes' nomination were held before the United States Senate Committee on the Judiciary on April 1, 1992, and his nomination was reported by then-U.S. Sen. Joseph Biden (D-Del.) on May 7, 1992. Carnes was confirmed on a recorded 62-36 vote of the U.S. Senate on September 9, 1992, and he received his commission the next day. Carnes served as chief judge of the Eleventh Circuit from 2013 to 2020.[1][3]
Carnes was succeeded by Andrew Brasher, who was nominated by President Donald Trump (R) on November 21, 2019, and confirmed by the U.S. Senate on February 11, 2020.
Noteworthy cases
SCOTUS reverses Eleventh Circuit ruling in drug litigation cases (2013)
On June 17, 2013, the U.S. Supreme Court reversed the judgment of a three-judge panel of the Eleventh Circuit. Judge Edward Carnes issued the opinion of the panel in the case.
Solvay Pharmaceuticals successfully patented a topical gel medication in 2000. After the Food and Drug Administration (FDA) approved the medication, two generic drug mankers, Watson Pharmaceuticals and Paddock Laboratories, began manufacturing generic versions. Solvay filed a patent infringement suit, but as the infringement suit progressed, Solvay opted to enter into a reverse payment agreement with the two manufacturers. In return for dropping the suit and maintaining the exclusive right to manufacture the gel, Solvay agreed to pay the manufacturers a fee. The Federal Trade Commission (FTC) filed a complaint against the pharmaceutical companies, alleging that by limiting competition for the gel, the manufacturers were restraining trade in violation of antitrust laws. A federal district court dismissed the FTC's claim, holding the agreement merely protected Solvay's patent rights. In an opinion for a three-judge panel of the Eleventh Circuit written by Judge Edward Carnes, the appellate court upheld the district court's judgment.
Writing for a five-justice majority of the U.S. Supreme Court, Justice Stephen Breyer reversed the circuit court's decision, holding that while the payments were not presumptively unlawful, the FTC's lawsuit should have been allowed to proceed.[4][5]
See also
External links
- Search Google News for this topic
- Judge Carnes' biography from the Federal Judicial Center
- Judge Carnes' biography from the Eleventh Circuit website
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Federal Judicial Center, "Biographical directory of federal judges," accessed August 17, 2016
- ↑ American Bar Association, "Ratings of Article III judicial nominees, 102nd Congress," accessed August 17, 2016
- ↑ United States Congress, "PN 855 - Edward E. Carnes - The Judiciary," accessed August 17, 2016
- ↑ Supreme Court of the United States, FTC v. Actavis Inc., June 17, 2013
- ↑ Oyez.org, "FTC v. Actavis," accessed October 11, 2017
| Political offices | ||
|---|---|---|
| Preceded by: Frank M. Johnson, Jr. |
Eleventh Circuit Court of Appeals 1992-2020 |
Succeeded by: Andrew Brasher
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|---|---|---|---|
| 1989 |
Barksdale • Bonner • Buckwalter • Cyr • Fernandez • Garbis • Harmon • Lee • Lindberg • Lodge • Nelson • Nottingham • Plager • Rosen • Rymer • Smith • Spatt • Thomas • VanBebber • J. Walker • V. Walker • Wiener • Wright | ||
| 1990 |
Alito • Amon • Birch • Boudin • Cleland • Clevenger • Dubina • Hamilton • Henderson • Hood • Hornby • Jones • Kent • Levi • Loken • Lourie • Martin • McBryde • McClure • McKenna • McLaughlin • McNamee • Moreno • Mullen • Nelson • Nickerson • Niemeyer • Norton • Parker • Pickering • Rader • Rainey • Randolph • Shanstrom • Shedd • Shubb • Singleton • Skretny • Souter • Sparr • Stahl • Stamp • Suhrheinrich • Taylor • Vollmer • Ware • Wilson | ||
| 1991 |
Albritton • Andersen • Armstrong • Arnold • Bartle • Bassler • Batchelder • Beckwith • Belot • Benson • Blackburn • Bramlette • Brody • Brody • Burrell • Carnes • Caulfield • Cauthron • Clement • Collier • Conway • Cooper • Dalzell • DeMent • DeMoss • Doherty • Echols • Edmunds • Faber • Freeh • Gaitan • Garza • Graham • Haik • Hamilton • Hansen • Hendren • Herlong • Highsmith • Hogan • Huff • Hurley • Irenas • Johnson • Joyner • Kelly • Kleinfeld • Legg • Leonard • Lewis • Longstaff • Lungstrum • Luttig • Matia • McCalla • McDade • McKeague • McKelvie • Means • Merryday • Moore • Morgan • Nielsen • Nimmons • Osteen Sr. • Padova • Payne • Reinhard • Robinson • Robreno • Roll • Roth • Schlesinger • Scullin • Siler • Solis • Sotomayor • Sparks • Stohr • Thomas • Traxler • Trimble • Ungaro • Van Sickle • Wanger • Werlein • Whyte • Yohn | ||
| 1992 |
Baird • Barbadoro • Black • Boudin • Carnes • Covello • DiClerico • Gilbert • Gonzalez • Gorton • Hansen • Heyburn • Jackson • Jacobs • Keeley • Kendall • Kopf • Kyle • Lewis • McAuliffe • McLaughlin • Melloy • Preska • Quist • Randa • Rosenthal • Rovner • Schall • Sedwick • Simandle • Stahl • Vratil • Williams | ||
