Hugh Franklin Waters
Judge Waters no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Waters decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He rejected a statutory interpretation that would create a categorical and anomalous loss of wrongful-death damages in medical-malpractice cases.
“We cannot imagine that the legislature would intend such absurd results or that the Arkansas courts would construe the Medical Malpractice Act to produce such results.”
He treated offensive expression as protected when it was neither obscene nor fighting words, despite its crudeness.
“While we agree the gesture utilized by Nichols was crude, insensitive, offensive, and disturbing to Chacon’s sensibilities, it was not obscene under the relevant Supreme Court precedent, did not constitute ‘fighting words,’ and was protected as ‘free speech’ under the First Amendment to the United States Constitution.”
Procedural preferences
At the pleading stage, he would not resolve a limitations defense unless the complaint itself established untimeliness.
“Constrained as we are by the standard of review applicable to Rule 12(b)(6) motions, we have no choice but to deny Pickens’ motion.”
He returned benefit-plan questions to the administrator when the relevant reimbursement determination had not yet been made.
“Accordingly, this matter is not ready for review by the court. Instead, the administrator must first be given the opportunity to determine what portion of the $102,618.64 it believes is subject to the reimbursement provision.”
Cautions
He denied summary judgment when the insurer had not eliminated a factual dispute over the policy’s regular-use exclusion.
“Farmers has simply failed to prove that no genuine issue of material fact exists with respect to whether the Rabbit was furnished or available for Green’s regular use, as that term has been defined by the Arkansas Supreme Court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated, the defendants’ motions for summary judgment will be denied by a separate order entered concurrently herewith.”
“For the reasons stated, the United States’ motion for summary judgment will be granted by a separate order entered concurrently herewith.”
“For the reasons stated, the defendants’ motions for summary judgment will be granted.”
“For the reasons stated, we find the Administrative Committee acted unreasonably in denying Jackson benefits for the October of 1998 surgery.”
“The plaintiffs’ motion for summary judgment and their motion for reconsideration are denied;”
“The defendant’s motion for summary judgment is granted.”
“The Plan’s motion for summary judgment is denied.”
“For the reasons stated, the court will deny plaintiffs motion to remand.”
“Defendants’ motion to stay all further proceedings until a final decision is rendered by the JPML will be granted.”
“For the reasons stated, the United States’ partial motion for summary judgment will be denied.”
“The partial motion for summary judgment filed by Jack Jep-sen, Kris Jepsen, and Karen Jepsen Ma-kutenas will be denied.”
“For the reasons stated, defendant’s motion for summary judgment will be denied”
“plaintiffs motion for summary judgment on liability will be granted.”
“For the reasons stated, the motion to dismiss filed by Lawrence Pickens and Pickens, Inc., will be denied by a separate order entered concurrently herewith.”
“For the reasons stated, NationsBank’s motion to dismiss will be denied by a separate order entered concurrently herewith.”
“Accordingly, we find the United States of America is entitled to judgment in its favor on count one of the complaint.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 1326 days (N = 5).
The first twenty exact-name results span federal benefits, civil racketeering, contracts, securities, civil rights, environmental litigation, insurance, employee benefits, wage law, and fraud. This historical enumeration is not a career-wide caseload estimate.
A historical record
Judge Waters 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.