Hon. Jeremiah J. McCarthy

2007 – present 

Federal Judicial Service: 

  • Magistrate Judge, U.S. District Court, Western District of New York.  Entered duty on February 26, 2007, and reappointed to additional eight-year terms in 2015 and 2023. 

Education:  

  • Cornell Law School, J.D., 1978 
  • University of Notre Dame, B.A., magna cum laude, 1974

Professional Career: 

  • Private Practice, Phillips Lytle LLP, Buffalo, New York, 1990-2007 
  • Private Practice, Moot & Sprague, Buffalo, New York, 1978-1990

Noteworthy Cases:  

Businesses For A Better New York v. Angello, et al., No. 1:06-CV-00669: 

Construction companies operating in the State of New York and others who claimed to be adversely affected by the operation of New York Labor Law §§240(1) and 241(6) (together, the “Scaffold Laws”) brought suit challenging the Scaffold Laws’ constitutionality.  Judge McCarthy recommended that the defendants’ motion to dismiss the complaint be granted.  Over objections, Judge McCarthy’s recommendation was adopted by Judge Arcara, and was later affirmed by the Second Circuit. 

Businesses for a Better New York v. Angello, 2007 WL 2892615 (W.D.N.Y. 2007), aff’d, 341 F. App’x 701 (2d Cir. 2009) 

 

 

 United States v. White, No. 1:20-MJ-01174: 

Confronting an issue arising with more regularity, Judge McCarthy addressed the conflict between federal and New York State law on the legality of medical marijuana.  Concluding that no prescription (either under New York State or federal law) can legally be made for the use of marijuana, a Schedule I controlled substance, he found that the defendant could not possess or use marijuana without violating the conditions of his pretrial release. 

 

 

 United States v. White, 597 F. Supp. 3d 554 (W.D.N.Y. 2022) 

https://casetext.com/case/united-states-v-white-2458 

 

 

 Tann v. Bennett, et al., No. 1:13-CV-00823: 

The petitioner, a citizen of the United Kingdom and resident of Northern Ireland, commenced an action pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (as implemented domestically by the International Child Abduction Remedies Act) seeking the return of her minor child to Northern Ireland.  The petitioner alleged that Northern Ireland was the minor’s habitual residence and that the respondent father had wrongfully retained the child in the United States in violation of petitioner’s rights of custody.  After a threeday evidentiary hearing that included testimony from the minor, Judge McCarthy dismissed the petition, ruling that the minor should continue to reside with the respondents (father and wife) pending a final custody determination by the courts of the State of New York. This decision was later affirmed by the Second Circuit. 

Tann v. Bennett, 648 F. App’x 146 (2d Cir. 2016)