Charles Lynwood Smith Jr.
Judge Smith no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Smith decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Detailed treating-source summaries could outweigh sparse contrary observations when they explained the claimant’s functional limits.
“Claimant should not be penalized for his psychiatrist's attempts to comply with HIPAA privacy laws.”
He distinguished claims arising from an independent representation from claims seeking benefits under an employee plan.
“Because plaintiffs state-law claims are not pre-empted by ERISA, and no other basis for federal subject matter jurisdiction has been asserted, plaintiffs motion to remand is due to be granted.”
Specific rebuttal evidence, rather than general allegations, was necessary to survive summary judgment.
“Plaintiff, on the other hand, has failed to present any substantive rebuttal evidence designating specific facts showing a genuine issue for trial.”
Procedural preferences
He treated a duty-to-defend dispute as ripe while postponing an indemnity issue that depended on unresolved liability.
“the issue of whether Penn National has a duty to defend Hethcoat & Davis is ripe for adjudication, the issue of whether Penn Nation has a duty to indemnify Hethcoat is not ripe”
He required jurisdiction to be established before reaching a pending merits motion.
“Accordingly, defendant is ORDERED to show cause why this case should not be remanded for lack of jurisdiction”
Cautions
Temporal proximity did not establish retaliation without evidence that the decisionmaker knew about the protected activity.
“Without evidence of that linkage, plaintiff cannot show that her termination was causally related to her protected activity.”
Inconsistent litigation positions exposed counsel to a substantial reduction in the requested fee award.
“Such conduct should not, and will not, be tolerated by this court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the holding of the bankruptcy court is due to be, and it hereby is, AFFIRMED. Costs are taxed to appellant.”
“Because the ALJ's reasons for not providing full weight to Dr. Lachman's assessment were not supported by substantial evidence, the Commissioner's decision to deny claimant's supplemental security income benefits was in error and should be reversed.”
The court ordered jurisdictional briefing before deciding the pending dismissal motion: “Accordingly, defendant is ORDERED to show cause why this case should not be remanded for lack of jurisdiction.”
“In accordance with the foregoing, Harvard’s motion for partial dismissal is GRANTED in part and DENIED in part. Count Five of plaintiffs complaint is DISMISSED with prejudice, for failure to state a claim upon which relief can be granted.”
“For the reasons explained above, plaintiffs motion for summary judgment is GRANTED”
“the cross-motion for partial summary judgment filed by defendants Quality Coatings & Drywall, Inc., The Ohio Casualty Insurance Company, and Liberty Mutual Group, Inc., is DENIED”
“the state plaintiffs' motion to dismiss is GRANTED as to the issue of Penn National's duty to indemnify, but DENIED as to the issue of Penn National's duty to defend.”
“Additionally, it is ORDERED that Hethcoat's motion to dismiss or, in the alternative, to stay, is DENIED.”
“Because plaintiffs state-law claims are not pre-empted by ERISA, and no other basis for federal subject matter jurisdiction has been asserted, plaintiffs motion to remand is due to be granted.”
“The motions to dismiss will be denied.”
“Accordingly, the motions to suppress (docs. 28, 30, and 37) filed by defendant Donaldo Figueroa-Cruz are DENIED.”
“In accordance of all of the foregoing, defendants’ motion to dismiss plaintiffs complaint is GRANTED.”
“Plaintiffs motion for leave to amend his complaint is DENIED, as any amendment would be futile.”
“Aerotek’s motion to dismiss is GRANTED in part and DENIED in part.”
“Quest’s motion for judgment on the pleadings also is GRANTED in part and DENIED in part.”
“Quest’s alternative motion to strike is DENIED.”
“Plaintiffs’ motion to strike is DENIED as moot.”
“Based on the foregoing, Epocal’s motion for a finding that this case is exceptional and for an award of attorney’s fees is DENIED.”
“For all of the foregoing reasons, summary judgment is due to be granted on plaintiff's Title VII retaliation claim.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 288.5 days (N = 20).
The 20 located assigned cases were all later terminated and included prisoner, employment, benefits, civil-rights, insurance, copyright, and other federal matters. This narrow archival slice does not establish the distribution of Smith’s full caseload.
A historical record
Judge Smith 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.