Kevin C. Newsom

How Judge Newsom rules, drawn from 37 signed orders. Every observation links to the order it came from.

Court
U.S. Court of Appeals for the Eleventh Circuit
Position
circuit
Appointed by
Donald Trump (Republican)
Commissioned
2017-08-02
Education
Samford University (B.A., summa cum laude, 1994); Harvard Law School (J.D., magna cum laude, 1997)
Signed orders read
37

How Judge Newsom decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

He applies the private-search doctrine by asking whether the government's follow-on review revealed anything materially beyond what the private search had already established.

“the government’s subsequent search of the file, which revealed no new material information, didn’t violate the Fourth Amendment.”

For personal jurisdiction over foreign defendants he treats constitutional reasonableness as a contextual, multifactor inquiry rather than a categorical rule.

“Any reasonableness assessment necessarily entails consideration of several factors, is context-dependent, and operates on a case-by-case basis.”

Procedural preferences

He limits jury instructions to theories properly placed in the case through the pleadings or trial, reversing when an unpleaded claim was submitted without that foundation.

“the false-advertising claim wasn’t properly before the jury, the district court erred in giving a jury instruction on that theory.”

He confines equitable relief to the parties and dispute before the court, treating a blanket injunction extending beyond them as an excess of judicial authority.

“the district court overstepped its authority when it issued what was, in effect, a universal injunction.”

He generally leaves issues the district court did not decide for consideration on remand instead of resolving them in the first instance on appeal.

“We are, after all, a court of review, not a court of first view.”

In Burton, the court treated the verified complaint as evidence capable of creating genuine factual disputes, requiring a trial rather than summary judgment.

“The facts contained in Burton’s verified complaint create such a dispute.”

In his Mt. Hawley concurrence, Newsom favored resolving the appeal on one sufficient jurisdictional ground and declined to join additional grounds.

“One is plenty; accord- ingly, I concur only in the majority’s ‘[f]irst’ reason, the discussion of which spans pages 5–6 of its opinion.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Cri-Leslie, LLC v. Commissioner of Internal Revenue
16-17424 · 2018-02-15
Appeal (appellant (Cri-Leslie, LLC)) Denied

“The judgment of the Tax Court is AFFIRMED.”

United States v. Jon Craig Nelson
16-14253 · 2018-03-08
Appeal (appellants (defendants Skillern and Nelson)) Denied

“AFFIRMED.”

Cadwell v. Kaufman, Englett & Lynd, PLLC
17-10810 · 2018-03-30
Appeal (appellant (plaintiff Loyd Cadwell)) Granted

“REVERSED AND REMANDED.”

Autauga Quality Cotton Association v. Crosby
17-12092 · 2018-06-25
Appeal (appellant (Autauga Quality Cotton Association)) Denied

“AFFIRMED.”

The Estate of Caldwell Jones, Jr. v. Live Well Financial, Inc.
17-14677 · 2018-09-05
Appeal (appellants (the Estate of Caldwell Jones)) Denied

“AFFIRMED.”

Barton v. U.S. Attorney General
17-13055 · 2018-09-25
Petition for review (petitioner (Andre Martello Barton)) Denied

“PETITION DENIED.”

Saccullo v. United States
17-14546 · 2019-01-11
Appeal (appellant (Mark Saccullo, trustee)) Granted

“REVERSED AND REMANDED.”

United States v. Matthew G. Munksgard
18-11169 · 2019-01-30
Appeal (appellant (defendant Matthew Munksgard)) Denied

“we affirm Munksgard's convictions and sentences. AFFIRMED”

Flat Creek Transportation, LLC v. Federal Motor Carrier Safety Administration
17-14670 · 2019-05-09
Appeal (appellant (Flat Creek Transportation)) Moot / procedural

“We lack jurisdiction to address its claim, and therefore AFFIRM the district court's dismissal of Flat Creek's complaint.”

Huebner v. Bradshaw
18-12093 · 2019-08-22
Appeal (appellant (plaintiff Lori Huebner)) Denied

“The judgment of the district court is AFFIRMED.”

United States v. Ross (en banc)
18-11679 · 2020-06-24
Appeal (appellant (defendant Wali Ross)) Moot / procedural

“We REMAND this case to the panel for proceedings consistent with this opinion.”

LeCroy v. United States
20-13353 · 2020-09-16
Appeal (appellant (petitioner William LeCroy)) Denied

“We therefore affirm the district court's ruling.”

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