Frank Mays Hull
How Judge Hull rules, drawn from 40 signed orders. Every observation links to the order it came from.
How Judge Hull decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When a government agency's evidence is entitled to a presumption of good faith, she requires concrete evidence of bad faith rather than conjecture about why the agency acted as it did.
“Mere speculation, however, is not enough to rebut the presumption.”
She treats statutory exemption elements written as a conjunctive test independently, so failure to satisfy either required criterion defeats the exemption.
“In other words, we must reverse if Rockwater’s trailers fail to satisfy either of Code § 7701(a)(48)(A)(i)’s criteria.”
When a statute demands an express written disclaimer, she requires that precise disclaimer and does not treat a different ownership label as an adequate substitute.
“In sum, section 655.79(1) requires an explicit statement in writing that the married couple expressly disclaims that the joint property is held as a tenancy by the entirety. It is not enough to say the account is something else.”
Procedural preferences
She enforces issue-exhaustion rules in administrative review and declines to consider objections not presented to the agency unless the party establishes extraordinary circumstances.
“ArrMaz has not identified any ‘extraordinary circumstances’ that excuse its failure to raise these points below, so we decline to address them now.”
She resolves subject-matter jurisdiction before reaching the merits; when jurisdiction is absent, alternative merits rulings cannot supply a fallback disposition.
“At the outset, we are thus obligated to determine whether the district court had subject matter jurisdiction before we can address the merits of this appeal.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the 1991 mixed-motive amendments to Title VII do not apply to 1981 claims, and the district court's grant of summary judgment for Defendants is AFFIRMED.”
“We hold the Government's filing was timely and thus affirm.”
“After review, we affirm.”
“After review and oral argument, we affirm.”
“we affirm the district court's denial of summary judgment on Gray's illegal seizure claim against Deputy Bostic in his individual capacity, reverse the district court's denial of summary judgment on Gray's claims against Sheriff Sexton and on her separate excessive force claim against Deputy Bostic, and remand for further proceedings consistent with this opinion. AFFIRMED IN PART; REVERSED IN PART AND REMAND.”
“After review and oral argument, we affirm.”
“we affirm the district court's dismissal of the 2254 petition for failure to exhaust.”
“we affirm the judgment of the district court in the amount of $187,500.00, plus post-judgment interest, in favor of Plaintiff-Appellee Roselaure Eugene jointly and severally against Defendants-Appellants 3Don & Partner Estate Group, LLC, Michelle Kettly Dumas, and M.G.N. Investments Corporation. AFFIRMED.”
“Plaintiff Speaker appeals the district court's grant of Defendant CDC's motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). After review and oral argument, we reverse.”
“After review and oral argument, we reverse.”
“After review and oral argument, we reverse.”
“we reverse and remand for further proceedings.”
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