Oliver Seth
How Judge Seth rules, drawn from 54 signed orders. Every observation links to the order it came from.
Judge Seth no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Seth decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Vested pension benefits remained nonforfeitable even when the plan was underfunded and its benefit multiplier could be adjusted; fund insufficiency did not erase the employer's obligation.
“if benefits have vested, as defined above, then they are nonforfeitable regardless of the sufficiency of the assets of the fund. The benefits remain vested even if the fund is insufficient to meet all of the claims.”
A state administering federal family-planning funds could not add parental consent as an eligibility condition that Congress had not imposed; referring a rejected patient elsewhere did not cure the refusal.
“The state act and the rules enforced by the state agency for parental consent instead seek to add an additional condition or requirement sought to be placed by the state on eligibility for Title X services, or grants, by Congress. Utah is free to apply parental consent requirements in the use of its own funds.”
Procedural preferences
When a closely parallel state appeal could resolve a controlling state-law issue, the federal case should remain on the docket with jurisdiction retained while decision is deferred, rather than be dismissed outright.
“The federal case and the state case are sufficiently similar to direct that the federal case be reinstated on the docket, jurisdiction be retained, and the case ‘deferred until the potentially controlling state-law issue is authoritatively put to rest.’”
For an individual seeking relief from a longstanding injunction, a substantial period of full compliance without further violations was a significant changed-circumstances factor, though the ultimate decision remained discretionary.
“However, in instances where the defendant concerned is an individual, and where the alleged violation leading to the injunction was an incident of limited scope or duration, the passage of a substantial period of time with full compliance and with no other violations may be regarded as a significant factor showing a ‘change’ for these purposes.”
Cautions
Lost future earning capacity from a non-obvious injury required expert causation proof, and a plaintiff's own medical evidence could defeat that damages theory.
“expert medical testimony is necessary to establish that a loss of future earnings capacity was caused by such a non-obvious injury; plaintiff’s expert testimony refutes the causal connection between his injury and his diminished capacity for heavy labor.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the judgment is set aside, the case is reversed and remanded for additional findings of fact and conclusions of law”
“Reversed and remanded for such further proceedings as the Tax Court considers necessary.”
“its dismissal is therefore affirmed.”
“the order of the United States District Court for the District of Kansas is vacated, and the case is remanded with directions to deny the petition for failure to exhaust state remedies.”
“The case is remanded for findings on the issue of the voluntary nature of the plea, and for further proceedings if required.”
A historical record
Judge Seth 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.