Orie Leon Phillips
How Judge Phillips rules, drawn from 35 signed orders. Every observation links to the order it came from.
Judge Phillips no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Phillips decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A court granting equitable relief could impose conditions necessary to restore the defendant to the position equity required.
“Where the rules and principles of equity demand it, a court may condition the grant of relief to the complainant, in order to place the defendant in the position which equitably he should occupy in view of the relief granted to the complainant.”
Congress's reenactment of an unchanged provision was treated as approval and adoption of the established judicial interpretation.
“We think the reenactment of the provision of the original Act in the amendatory Act evidenced Congressional approval and adoption of the interpretation of the original Act”
Procedural preferences
Civil habeas review of a court-martial did not revisit evidentiary evaluation after the military tribunals fully considered the issue.
“That issue is not open to review on habeas corpus.”
An inadvertent finding error that caused no injury and was not presented for correction below could not be raised for the first time on appeal.
“White suffered no injury because of the error and is precluded from raising the question here for the first time.”
Cautions
Under the governing state law, an employee was not personally liable to third parties for mere nonperformance of an employment duty without an affirmative negligent act.
“a servant occupying the relation which Huffman did to the Railway Company in the instant case is not liable to third persons on account of his nonperformance of a duty of his employment, but only for acts of positive wrong and negligence.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The order sought to be appealed from here not being a final order, this court is without jurisdiction to entertain the appeal and it is therefore dismissed.”
“Since the pleadings and findings of the trial court support the judgment, it must be affirmed.”
“The order granting the temporary injunction is reversed with instructions to vacate such order and to dismiss the bill at the cost of the Mid-Continent Corporation.”
“The appeal is therefore dismissed.”
“Reversed and remanded with instructions to grant the United States a new trial.”
“The decisions are reversed and the causes are remanded, with instructions to redetermine the tax in accordance with this opinion.”
A historical record
Judge Phillips 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.