James Clinkscales Hill
How Judge Hill rules, drawn from 26 signed orders. Every observation links to the order it came from.
Judge Hill no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Hill
James Clinkscales Hill was a judge of the United States Court of Appeals for the Eleventh Circuit. Appointed by President Gerald Ford, Judge Hill was commissioned to the United States Court of Appeals for the Fifth Circuit on May 21, 1976 and reassigned to this court on October 1, 1981. Judge Hill previously served on the United States District Court for the Northern District of Georgia, commissioned there on August 9, 1974. Judge Hill assumed senior status on October 15, 1989 and served until death on March 31, 2017.
How Judge Hill decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
After confirmation of a Chapter 11 plan, he treats claim amendments as exceptional because they can upset feasibility and distributions to other creditors.
“Therefore, we hold that post-confirmation amendment – while not prohibited – is not favored, and only the most compelling circumstances justify it. In the absence of such compelling reasons, a confirmed reorganization plan should be accorded res judicata effect on a creditor’s subsequent attempt to amend his claim.”
He leaves a broker’s procuring-cause theory to the jury when the record could support a connection between the broker’s introduction and the eventual transaction.
“Furthermore, Florida law clearly provides that whether a broker is the ‘procuring cause’ of the ultimate transaction between two parties is a question for a jury.”
In Bayou Lawn & Landscape Services v. Secretary of Labor, Hill held that the Labor Department’s consulting role in the H-2B program did not confer rulemaking authority and affirmed the preliminary injunction.
“DHS was given overall responsibility, including rulemaking authority, for the H-2B program. DOL was designated a consultant. It cannot bootstrap that supporting role into a co-equal one.”
Procedural preferences
He does not treat the possible application of federal law as sufficient by itself to create federal-question jurisdiction, emphasizing that state courts can apply federal law.
“The state courts are not only able to apply federal law when that is required; they are constitutionally bound to do so.”
When collective-bargaining language is ambiguous, he assigns interpretation to the arbitrator while preserving contractual limits on the arbitrator’s authority.
“We find that the contract language at issue, ‘dishonesty’ and ‘falsifying time records or reports,’ may be ambiguous. We cannot say, as a matter of fact, that the stipulated conduct constitutes an Article VII offense. The role of the arbitrator is to interpret the contract language.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We, therefore, affirm the decision of the district court and remand this case for further proceedings without prejudice to the plaintiff’s right to pursue discovery in a more deliberate fashion.”
“The other contentions under Sections 17a(2) and 17a(4) were correctly disposed of by the Bankruptcy Court and we see no reason to disrupt the affirmance by the District Court.”
“Finding no error, we AFFIRM the judgment of the District Court.”
“Sybil Alford appeals from an order of the district court granting summary judgment in favor of the Central Intelligence Agency (CIA) in an action brought under the Privacy Act of 1974, 5 U.S.C.A. § 552a. We affirm.”
“With respect to the finding that petitioner was incompetent on the second day of his trial, we must affirm.”
“Finding no abuse of discretion in any of the court’s rulings, we affirm.”
“No. 78-1965: AFFIRMED in part; REVERSED in part.”
“The district court granted United States Steel’s motion for summary judgment. We affirm.”
“We have considered those issues and have decided to affirm the decision to deny his claim.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges sit on appellate panels rather than carrying an assigned trial caseload. Judge Hill's 1974-1976 Northern District of Georgia service is outside this appellate profile.
A historical record
Judge Hill no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.