Bruce Marshall Selya
How Judge Selya rules, drawn from 26 signed orders. Every observation links to the order it came from.
Judge Selya no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Selya
Bruce Marshall Selya was a judge of the United States Court of Appeals for the First Circuit. Appointed by President Ronald Reagan, Judge Selya received a commission on October 14, 1986. Judge Selya previously served on the United States District Court for the District of Rhode Island, commissioned there on August 18, 1982. Judge Selya assumed senior status on December 31, 2006 and served until death on February 22, 2025.
How Judge Selya decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For a Chapter 13 fee-only plan, assesses good faith from the whole factual setting; the plan is not automatically invalid, but the debtor must show circumstances that justify it.
“The totality of the circumstances test cannot be reduced”
Procedural preferences
In review of final agency action, requires the administrative record and the APA standard; a complaint plausibility screen cannot substitute for review of the agency decision.
“the plausibility standard has no place in APA review.”
Cautions
In Flores-Nater, Selya found the district court’s explanation for a steep upward sentencing variance too generic to justify the sentence and vacated it for resentencing.
“That statement, in itself, scarcely constitutes a plausible rationale sufficient to justify a steep upward variance.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons elucidated above, we reverse the decision appealed from and remand the case to the district court for the entry of an order staying the litigation pending the resolution of the parallel arbitration proceeding, dissolving the existing stay of arbitration, and making such other provisions consistent with this opinion, as the district court may deem meet. Reversed and remanded.”
“We reverse both the district court's judgment of dismissal and its order denying remand, and we remand the matter to the district court with instructions to remand the case to the Puerto Rico Court of First Instance for further proceedings. Reversed and remanded.”
“For the reasons elucidated above, we vacate the order of dismissal as to the Law 80 claim and remand for further proceedings consistent with this opinion. Vacated and remanded.”
“We reverse the order appealed from and remand to the district court with instructions to vacate the bankruptcy court's fee order and remand to that court for further proceedings consistent with this opinion.”
“The order for dismissal and for sanctions is reversed. The case is reinstated.”
“Exercising that jurisdiction, we conclude that the district court committed plain error in its imposition of the sentence. Accordingly, we vacate the sentence and remand for resentencing.”
“For the reasons elucidated above, we conclude that the district court has not articulated a plausible sentencing rationale. Consequently, we sustain the defendant's claim of error, vacate his sentence, and remand for resentencing.”
“For the reasons elucidated above, we vacate the judgment and remand to the district court for additional proceedings consistent with the APA. We do not reach the merits of this appeal and, therefore, take no view as to the appropriate outcome of those additional proceedings. Vacated and remanded.”
“The time set for a showing of cause having expired and no cause having been shown, we now affirm the judgment below substantially on the basis of the answers to the certified questions furnished by the Rhode Island Supreme Court. Affirmed.”
“Because we conclude the bail conditions that plainly permitted the challenged search were constitutional, we need not reach the investigatory detention rationale. ... For the reasons elucidated above, the judgment of the district court is Affirmed.”
“For the reasons elucidated above, the challenged sentence is Affirmed.”
“For substantially the reasons expressed in the district court's opinion and embellished here, we accept USLI's plausible reading of the Exclusion Amendment, reject Nahant's implausible reading, and affirm the judgment below. Affirmed.”
A historical record
Judge Selya no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.