Julie E. Carnes
How Judge Carnes rules, drawn from 29 signed orders. Every observation links to the order it came from.
How Judge Carnes decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
She distinguishes lawful efforts to collect an unenforceable debt from misleading communications, treating the creditor's ability to request voluntary payment as no license to obscure the debt's legal status.
“Nevertheless, a right to seek repayment does not confer a right to mislead.”
In accommodation cases she requires the employee to identify a reasonable measure that would permit performance of the job; an unsupported request for indefinite light duty does not satisfy that burden.
“Moreover, Plaintiff has failed to identify any reasonable accommodation that would have allowed her to return to full duty within the time required by SOP 213.00.”
She enforces an insurance policy's consent requirement and does not shift litigation expenses the insured chose to incur before notifying the carrier.
“In fact, provisions of the policy make clear that Travelers was not obligated to pay any expenses that its insured incurred in litigating a covered claim unless the insured had first obtained Travelers’ consent to generate those expenses.”
Procedural preferences
At summary judgment she allows objective video evidence to displace testimony when the recording conclusively contradicts the witness's account.
“the surveillance video conclusively rebuts such testimony.”
She treats administrative exhaustion and preservation as jurisdictional limits in immigration review and does not reach theories that were not presented below.
“we lack jurisdiction to review claims by an alien that the latter has failed to exhaust or preserve.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“QUESTIONS CERTIFIED.”
“For the above reasons, we AFFIRM the district court’s dismissal of Plaintiffs’ claims.”
“Therefore, we AFFIRM the judgment of the district court.”
“AFFIRMED in part, REVERSED in part, VACATED and REMANDED in part, with instructions.”
“Accordingly, we REVERSE the order of the district court denying his motion for summary judgment and direct that court to enter judgment consistent with this opinion.”
“For all the above reasons, we affirm Defendant’s conviction and sentence. AFFIRMED.”
“PETITION DISMISSED IN PART, DENIED IN PART.”
“For the reasons stated above, we AFFIRM Defendant’s conviction and sentence.”
“We therefore AFFIRM the district court.”
“we therefore AFFIRM Defendant’s conviction.”
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