Robert Harlan Henry
How Judge Henry rules, drawn from 27 signed orders. Every observation links to the order it came from.
Judge Henry no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Henry decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A pharmaceutical manufacturer asserting federal preemption of a failure-to-warn claim had to show clear evidence that the regulator would have rejected a stronger warning.
“the pharmaceutical company must demonstrate ‘clear evidence’ that the Food and Drug Administration would have rejected a label change”
The Supreme Court's but-for causation decision did not displace circuit precedent allowing a pattern-or-practice framework in ADEA cases.
“The district court did not err in deciding to apply the pattern-or-practice framework to the plaintiffs’ ADEA claim.”
Procedural preferences
At an early stage of an equity receivership, the receiver's need for time to organize and understand the entities could outweigh a claimant's request to lift a litigation stay.
“For the purposes of this appeal, we hold that the element of time tips in favor of the receiver.”
An administrative law judge had to address uncontroverted evidence not relied upon and significantly probative evidence that was rejected.
“Although ‘an ALJ is not required to discuss every piece of evidence, he must discuss the uncontroverted evidence he chooses not to rely upon, as well as significantly probative evidence he rejects.’”
Cautions
The good-faith exception did not protect a search when an officer knew or should have known that the warrant was invalid.
“An officer who knows or should have known that a search warrant was invalid may not rely upon the good faith exception to immunize his subsequent seizure of evidence.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, we must VACATE the district court’s grant of partial summary judgment to Wyeth and REMAND the case to the district court.”
“Accordingly, we AFFIRM the district court’s denial of the Covenant Group’s motion to lift the stay.”
“For the foregoing reasons, we AFFIRM the district court’s denial of Mr. Harrison’s motion to suppress and AFFIRM Mr. Harrison’s conviction.”
“For this reason, we VACATE the district court’s dismissal of Mr. Reber’s § 2254 petition on the merits, and remand the case to the district court with instructions to dismiss the petition without prejudice.”
“Thus, as Kansas law prohibits obstruction of registration decals and Mr. Orduna-Martinez admits his decal was obstructed, we AFFIRM.”
“Thus, we hold the district court did not abuse its discretion both in admitting Mr. Bradshaw’s BB gun into evidence and in refusing to instruct or allow evidence regarding the uncharged crime of bank theft. We AFFIRM.”
“We therefore AFFIRM its decision denying Weyerhaeuser’s motion to strike and REMAND the case to the district court for further proceedings consistent with this opinion.”
“Mr. Mays’s challenge to an expired sentence does not satisfy the custody requirement of § 2254(a). We therefore AFFIRM the district court’s dismissal of his petition.”
“Accordingly, we DENY Mr. May’s application for a COA, and we DISMISS the matter.”
“The judgment of the district court is REVERSED, and this case is REMANDED for proceedings consistent with this opinion.”
“Those question have been answered, and, exercising our jurisdiction pursuant to 28 U.S.C. § 1291, we affirm the district court’s order in part, reverse in part, and remand for further proceedings.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges review appeals rather than manage a federal trial docket, so trial-court caseload and motion-timing metrics do not apply.
A historical record
Judge Henry 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.