Robert Hugh McWilliams Jr.
How Judge McWilliams rules, drawn from 28 signed orders. Every observation links to the order it came from.
Judge McWilliams no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McWilliams decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Will adopt a well-reasoned out-of-circuit decision as the correct analysis of an open question rather than writing on a blank slate.
“In our view, the correct analysis of the present issue is set forth in Webber v. Credithrift of America, Inc., 674 F.2d 796 (9th Cir.1982)”
Statutory interpretation began with the enacted words as the primary dispositive source.
“In construing and applying a statute, ‘the primary dispositive source of information is the wording of the statute itself.’”
A payment obligation arising when a consumer obtained goods with a dishonored check qualified as a debt under the federal collection statute.
“Under the ‘plain meaning’ test, it would seem to us that a ‘debt’ is created where one obtain goods and gives a dishonored check in return therefor.”
Procedural preferences
On clear-error review, the question was not whether the appellate court would have made the same factual findings.
“Whether this court would have made such findings is not the issue. We are not the fact finder.”
A three-judge panel treated an earlier panel's judgment as binding and left reconsideration to the en banc court or Supreme Court.
“a three-judge panel of this Court cannot overrule the judgment of another panel of this Court.”
Cautions
Employment claims premised on a firing failed when the plaintiff did not make a sufficient showing that the employer had discharged her.
“Scott did not make a sufficient showing that she was ‘fired’ by Wal-Mart.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Judgment reversed and cases remanded for further proceedings consonant with this opinion.”
A historical record
Judge McWilliams 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.