Andrew L. Brasher
How Judge Brasher rules, drawn from 54 signed orders. Every observation links to the order it came from.
How Judge Brasher decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When a statute, regulation, and governing instrument enumerate the operative rules, he declines to add equitable defenses that those texts do not recognize.
“We hold that these defenses are foreclosed by the statute and regulation that govern the Form I-864 affidavit, as well as the text of the affidavit itself.”
A plaintiff cannot manufacture Article III injury by voluntarily spending time and money to correct information that was never disclosed or otherwise caused concrete harm.
“a plaintiff cannot manufacture standing by spending time and money to rectify an otherwise harmless statutory violation.”
He treats material lies or reckless omissions used to obtain an arrest warrant as a Fourth Amendment problem and evaluates probable cause using a corrected account.
“When a police officer intentionally lies or recklessly misleads a judge to obtain an arrest warrant, the resulting arrest violates the Fourth Amendment to the United States Constitution.”
In Johnson, the court required consideration of the full evidence of investment imprudence rather than treating an identical comparator as indispensable.
“Although comparator evidence may be relevant to establish loss causation, we cannot say it is always nec- essary.”
Procedural preferences
A Rule 12(b)(6) motion tests whether a claim is stated, not whether the pleading is artful; ambiguity is ordinarily addressed through a motion for a more definite statement.
“A 12(b)(6) motion, however, ‘is not designed to correct inartistic pleadings.’”
Intervention after denial of class certification did not create an immediately appealable decision where no final merits judgment existed.
“Curlee’s appeal is DISMISSED for lack of jurisdiction.”
In Russo, an Appointments Clause defect in unused council powers did not justify vacating a rule independently promulgated by the Secretary.
“Because the Secretary ex- ercised the authority to promulgate the regulation independent of any authority of the Council, the Appointments Clause does not justify invalidating the gag grouper rule.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Teasley is not entitled to habeas relief. Accordingly, we REVERSE the judgment of the district court.”
“Because the district court did not err in denying Williams's motion, the district court's judgment is AFFIRMED.”
“REVERSED AND REMANDED.”
“REVERSED, VACATED, AND REMANDED.”
“we therefore VACATE the district court's order of dismissal and REMAND to the district court with instructions for the district court to remand the unsettled claims to the Circuit Court of the Seventeenth Judicial Circuit, Broward County, Florida.”
“we DISMISS the cross-appeals for lack of jurisdiction and AFFIRM the orders denying MSP's motions for attorney's fees and costs.”
“AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.”
“We hold that these defenses are foreclosed by the statute and regulation that govern the Form I-864 affidavit, as well as the text of the affidavit itself. Accordingly, we affirm.”
“Nicholson's conviction is AFFIRMED.”
“We REVERSE and REMAND to allow Gimeno to bring a claim for breach of fiduciary duty under Section 1132(a)(3).”
“we REVERSE the district court's dismissal of Jacob's complaint and REMAND for further proceedings consistent with this opinion.”
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