Adalberto Jose Jordan
How Judge Jordan rules, drawn from 40 signed orders. Every observation links to the order it came from.
How Judge Jordan decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He treats statutory timing words as substantive elements, requiring the government to prove that force occurred at the point the statute identifies rather than merely somewhere in the same episode.
“We hold today that a taking of property does not constitute robbery under the Hobbs Act unless force or threatened force is used before or during the taking.”
He preserves the balance Congress chose in a statutory safe harbor and declines to recalibrate that allocation of responsibility through judicial expansion.
“Athos’ approach would have us upset the balance between copyright owners and service providers struck by Congress in the DMCA. If that balance is to be recalibrated, it is a matter for Congress.”
In benefits disputes he gives unambiguous plan language controlling weight over a plan administrator's competing interpretation.
“Even if we assume that a grant of discretion can lead to deferential review of benefits decisions in certain scenarios, such deference is not warranted here given the clear language of the plans.”
Procedural preferences
He is reluctant to decide fact-dependent issues in the first instance when the district court did not reach them and the discovery record remains undeveloped.
“As noted, the parties did not take any depositions during discovery. So we are hesitant to resolve these issues on the record as it stands.”
On review of a jury verdict he applies a preservation-oriented standard that strongly favors leaving the verdict intact when the evidence permits it.
“This standard is heavily weighted in favor of preserving the jury’s verdict.”
In Owoc, the court remanded the laches issue for reconsideration after reversing the underlying property-of-the-estate ruling, leaving the bankruptcy court to assess prejudice and tax consequences in the first instance.
“It makes little sense for us to review the bankruptcy court’s decision to apply laches when the property of the estate issue un- dergirds that decision.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Mr. Moss' application for leave to file a second or successive motion to vacate is GRANTED.”
“Following a review of the record, we affirm for the reasons set forth in the district court's well-reasoned order dated January 14, 2014. See D.E. 72. AFFIRMED.”
“APPEAL DISMISSED AS MOOT.”
“As to the trustees' other arguments, we affirm on the basis of the district court's well-reasoned order. AFFIRMED.”
“The vocational expert's testimony as to available jobs, on which the ALJ relied, was significantly and admittedly flawed. We therefore vacate the district court's order and remand for another hearing before the ALJ.”
“With the benefit of oral argument, we now affirm.”
“AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.”
“In ruling that diversity jurisdiction was lacking, the district court committed two errors, one procedural and one substantive. Each one provides an independent basis for reversal.”
“We nonetheless affirm because, on this record, the district court's factual findings under 2D1.1(b)(1) foreclosed relief under 5C1.2(a)(2).”
“Following oral argument and a review of the record, we affirm. ... We agree with the district court that a five-day suspension with pay does not constitute adverse action for purposes of a First Amendment retaliation claim.”
“Following oral argument, we affirm. Although Follies had a vested right in its 2018 liquor license, that vested right did not extend to the hours in which alcohol could be sold.”
“The district court should not have alternatively denied the construed motion for a sentence reduction under the First Step Act without giving Mr. Smith the opportunity to present his factual and legal arguments in support of relief. We therefore reverse the court's order denying the construed motion and remand for further proceedings consistent with our opinion. REVERSED AND REMANDED.”
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