Joel Fredrick Dubina
How Judge Dubina rules, drawn from 29 signed orders. Every observation links to the order it came from.
How Judge Dubina decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He treats a speech restriction as overbroad when it reaches substantially more expression than the government's stated interests require.
“Section 46-92 burdens substantially more speech than necessary to further the City’s interests.”
He enforces forum-selection clauses when the parties received adequate notice and the record does not establish fraud, coercion, unfairness, or the loss of a remedy.
“In conclusion, we hold that the district court properly found the forum selection clause valid and enforceable under the circumstances of this case.”
For False Claims Act liability he requires a knowing request for government payment, not merely regulatory noncompliance or deficient internal practices.
“The mere disregard of federal regulations or improper internal practices does not create liability under § 3729(a)(1) ‘unless, as a result of such acts, the [defendant] knowingly ask[ed] the Government to pay amounts it does not owe.’”
Procedural preferences
He does not resolve an affirmative defense on summary judgment when material facts remain disputed about whether the offering satisfied the governing exemption.
“There are disputed issues of fact whether the Banyon note offerings failed to comply with any provision of Regulation D that was significant to the offering as a whole.”
When unsettled state law controls and the state courts have not addressed the issue, he favors certification to the state supreme court instead of predicting a novel rule.
“While true, this particular set of circumstances leads us to believe that certification is the most prudent course of action in deciding a potentially novel application of Florida state law.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because we agree with the Seventh Circuit’s holding in Soderna, we conclude that the defendants here were not entitled to a jury trial. Accordingly, we affirm the judgments of conviction.”
“Accordingly, we affirm the district court’s imposition of a 16-level increase to Marin-Navarette’s base offense level pursuant to U.S.S.G. § 2L1.2(b)(l)(A).”
“we conclude that the district court properly denied defendant Laphonse Young’s (‘Young’) request to proceed pro se as untimely because Young asserted his request after the jury was empaneled.”
“we hold that the ‘like punishment’ clause of the ACA does not require a federal court to implement state policies regarding eligibility for early release and alternative forms of confinement that conflict with federal sentencing policies. Accordingly, we affirm Pate’s sentence.”
“This case involves an appeal from the district court’s order denying appellant Charlie Green’s (‘Green’s’) motion for judgment as a matter of law. For the reasons that follow, we reverse and render.”
“Because the district court erred in its application of the ADEPA standard of review, we reverse the district court’s order granting Washington federal habeas relief and remand this case with directions that judgment be entered in favor of the State.”
“we hold that § 922(j) is a proper exercise of Congress’s power under the Commerce Clause and, consequently, affirm.”
“For the above-stated reasons, we affirm Cenna’s sentence.”
“because of the district court’s careful consideration of the sentencing factors, we hold that Owens’s 60-month sentence is not unreasonable. Accordingly, we affirm his sentence.”
“The district court erred in applying the two-year § 1983 statute of limitations. The statute of limitations applicable to Baker’s claims is 4 years, pursuant to 28 U.S.C. § 1658. We therefore reverse the district court’s grant of summary judgment and remand the case for further proceedings consistent with this opinion.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a trial caseload; not enumerated.
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