Allison H. Eid
How Judge Eid rules, drawn from 32 signed orders. Every observation links to the order it came from.
How Judge Eid decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
She resolves statutory and regulatory questions by starting from the ordinary meaning of the text, declining to read into a provision limitations that its words do not contain, and treating non-binding materials such as a regulation's preamble as unable to override the operative language.
“the limitations that appear in the preamble do not appear in the language of the regulation, and we refuse to engraft those limitations onto the language.”
She reads statutory terms with an insistence that broad words be given their full breadth: where a statute says 'all,' she takes it to mean all, and works carefully through each word of a provision to fix its meaning.
“The phrase ‘all information’ means ‘all information,’ and that includes a defendant's mens rea.”
In her Liberty Global rehearing dissent, Eid would treat relevance as a meaningful threshold under the codified economic-substance doctrine and determine it from the doctrine’s common-law application.
“I would interpret § 7701(o) to require a meaningful threshold relevancy determination, and I would make this determination by examining how courts have applied the economic substance doctrine under the common law.”
Procedural preferences
In qualified-immunity appeals she resolves cases at a high level of factual specificity, requiring a plaintiff to identify closely analogous precedent before a right is 'clearly established,' and declining to review factual disputes that fall outside the court's interlocutory jurisdiction.
“the clearly established law must be ‘particularized’ to the facts of the case.”
She treats certain threshold questions as reserved for the court and non-delegable, such as whether an agreement to arbitrate was ever formed, insisting the court satisfy itself of that predicate before any private decision-maker may proceed.
“the issue of whether an arbitration agreement is formed in the first instance must be determined by the court”
Cautions
She enforces the boundaries of Article III standing and jurisdiction strictly, dismissing or remanding rather than reaching the merits when redressability, complete diversity, or another jurisdictional predicate is missing: even where doing so unwinds a completed judgment.
“Western Watersheds Project, therefore, lacks Article III standing because its claims are not redressable.”
She holds litigants to the consequences of their own procedural choices, applying the invited-error and waiver doctrines firmly and refusing to let a party craft a position at trial and then attack it on appeal.
“we cannot allow parties to contract around that doctrine.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated above, we AFFIRM Olea-Monarez's conviction on Count 8 of the indictment.”
“We affirm the district court's order denying plaintiffs' Rule 59(e) motion.”
“we GRANT the petition for review, REVERSE the decision of the ALJ, and VACATE the citation.”
“For the reasons set forth above, we AFFIRM the district court's denial of Coddington's petition for habeas relief.”
“we REVERSE the district court's judgment on the Eighth Amendment and substantive due process claims and REMAND for further proceedings consistent with this opinion.”
“We VACATE the district court's judgment compelling arbitration and REMAND for the district court to determine if Fedor and UHC formed the 2016 arbitration agreement.”
“For the reasons above, we REVERSE the district court's award of attorneys' fees under Sec. 78B-5-825 and REMAND for further proceedings.”
“For the reasons stated above, we AFFIRM the district court's application of the arson cross-reference to Logsdon's sentence.”
“Respect for tribal sovereignty required that, before the court below decided this complex and difficult question about the scope of ICRA habeas, the banished members must have either exhausted their tribal remedies or met the heavy burden of demonstrating why they had not.”
“we reverse the district court's denial of summary judgment as to Dulayev and remand with instructions to grant Dulayev qualified immunity and enter judgment in Dulayev's favor.”
“We REVERSE the district court's dismissal of counts 5 and 6 of the indictment and REMAND for further proceedings consistent with this opinion.”
“We AFFIRM the district court's dismissal of this case for lack of Article III standing.”
Draft for Judge Eid with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Eid, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Eid's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace