Arun Subramanian

Arun Srinivas Subramanian (born 1979)[1] is an American lawyer from New York who serves as a United States district judge of the United States District Court for the Southern District of New York.

Arun Subramanian
Judge of the United States District Court for the Southern District of New York
Assumed office
April 13, 2023
Appointed byJoe Biden
Preceded byAlison Nathan
Personal details
Born
Arun Srinivas Subramanian

1979 (age 43–44)
Pittsburgh, Pennsylvania, U.S.
EducationCase Western Reserve University (BA)
Columbia University (JD)

Early life and education

Subramanian was born in Pittsburgh to immigrants from India, where his father was a control systems engineer and his mother was a bookkeeper.[2] He earned a Bachelor of Arts from Case Western Reserve University in 2001 and a Juris Doctor from Columbia Law School in 2004.[3]

Career

From 2004 to 2005, Subramanian served as a law clerk to Judge Dennis Jacobs of the United States Court of Appeals for the Second Circuit. From 2005 to 2006, he was a law clerk for Judge Gerard E. Lynch of the United States District Court for the Southern District of New York and from 2006 to 2007, he was a law clerk for Justice Ruth Bader Ginsburg of the Supreme Court of the United States. From 2007 to 2023, he was a partner at Susman Godfrey LLP in New York City.[3] Subramanian chaired the firm’s pro bono practice and focused on consumer protection, antitrust law, bankruptcy law, commercial class actions, and contract and tort litigation.[4]

Notable cases

In 2010, whistleblower David Kester alleged that Novartis AG, a European pharmaceutical company, offered illegal kickbacks in an effort to increase sales of its transplant drug Myfortic. In November 2015, Novartis AG agreed to settle for $390 million. Subramanian was part of the legal team that represented David Kester in the case.[5][6]

Subramanian served as counsel to a whistleblower and numerous political subdivisions in California in a False Claims Act lawsuit against wireless carriers AT&T, Sprint, Verizon, and T-Mobile. The lawsuit, filed in 2012, charged that Verizon and AT&T failed to optimize rate plans to the lowest cost option as pledged in their contracts with governments. Verizon Wireless and AT&T Mobility agreed to pay a combined $116 million to settle the lawsuit alleging the wireless carriers overcharged hundreds of California cities, schools and other government entities.[7][8]

In February 2017, whistleblowers filed a complaint under the qui tam provisions of the False Claims Act (FCA), as well as other state false claims laws against Apria Healthcare Group, Inc. and its affiliate, Apria Healthcare LLC, alleging that the medical device company violated the FCA and state false claims laws. In the lawsuit, the whistleblowers alleged that Apria charged federal health programs, including Medicare and Medicaid, for rentals of non-invasive medical ventilators that were not being used by patients, or that were being used in a therapy mode that did not qualify for the billing codes used. In December 2020, Apria agreed to pay $40.5 million to resolve a lawsuit. Benjamin Martinez Jr., Connie Morgan, and Chris Negrete were represented by Arun Subramanian, Steven M. Shepard, Bill Carmody, Mark Hatch-Miller, and Russell Rennie in the case.[9][10]

Federal judicial service

Subramanian was recommended to President Joe Biden by Senator Chuck Schumer.[11] On September 2, 2022, President Biden announced his intent to nominate Subramanian to serve as a United States district judge of the United States District Court for the Southern District of New York. On September 6, 2022, his nomination was sent to the Senate. President Biden nominated Subramanian to the seat vacated by Judge Alison Nathan, who was elevated to the United States Court of Appeals for the Second Circuit on March 31, 2022.[12] On December 13, 2022, a hearing on his nomination was held before the Senate Judiciary Committee.[13] On January 3, 2023, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate. He was renominated on January 23, 2023.[14] On February 9, 2023, his nomination was reported out of committee by a 16–5 vote.[15] On March 7, 2023, the Senate invoked cloture on his nomination by a 58–37 vote.[16] Later that day, his nomination was confirmed by a 59–37 vote.[17] He received his judicial commission on April 13, 2023.[18] He is the first South Asian judge to serve on the United States District Court for the Southern District of New York.[19]

See also

References
  1. "Questionnaire for Judicial Nominees" (PDF). United States Senate Committee on the Judiciary. Retrieved December 12, 2022.
  2. "Arun Subramanian Fact Sheet".
  3. "President Biden Names Twenty-Sixth Round of Judicial Nominees" (Press release). Washington, D.C.: The White House. September 2, 2022. Retrieved September 2, 2022. Public Domain This article incorporates text from this source, which is in the public domain.
  4. "Biden names Arun Subramanian as New York district court judge". September 5, 2022.
  5. "Novartis Whistleblower Shares in $390 Million Lawsuit". November 13, 2015.
  6. "In Massive Victory for Whistleblower David Kester, USA and States, Novartis Pays $390 Million to End Kickback Case".
  7. "Verizon, AT&T to pay $116 million to settle California whistleblower lawsuit". Los Angeles Times. September 25, 2020.
  8. "Verizon, AT&T Agree to Pay $116 Million in California and $11 Million in Nevada to Settle Whistleblower Cases".
  9. "Acting Manhattan U.S. Attorney Announces $40.5 Million Settlement with Durable Medical Equipment Provider Apria Healthcare for Fraudulent Billing Practices". December 21, 2020.
  10. "Apria Healthcare Group to Pay $40.5 Million to Settle Claims Brought by Susman Godfrey Whistleblower Clients".
  11. Balk, Tim (June 9, 2022). "Sen. Schumer recommends 3 candidates for spots on federal bench in New York's Eastern, Southern Districts". New York Daily News. Retrieved September 2, 2022.
  12. "Nominations Sent to the Senate" (Press release). Washington, D.C.: The White House. September 6, 2022.
  13. "Nominations". Washington, D.C.: United States Senate Committee on the Judiciary. December 12, 2022.
  14. "Nominations Sent to the Senate" (Press release). Washington, D.C.: The White House. January 23, 2023.
  15. "Results of Executive Business Meeting – February 9, 2023" (PDF). United States Senate Committee on the Judiciary. Retrieved February 9, 2023.
  16. "On the Cloture Motion (Motion to Invoke Cloture: Arun Subramanian to be U.S. District Judge for the Southern District of New York)". United States Senate. March 7, 2023. Retrieved March 7, 2023.
  17. "On the Nomination (Confirmation: Arun Subramanian, of New York, to be U.S. District Judge for the Southern District of New York)". United States Senate. March 7, 2023. Retrieved March 7, 2023.
  18. Arun Subramanian at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
  19. "Biden nominates Arun Subramanian as first South Asian judge for Southern District of New York". New York Daily News. Retrieved September 2, 2022.


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