Robin Stacie Rosenbaum

How Judge Rosenbaum rules, drawn from 40 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
Barack Obama (Democratic)
Commissioned
2014-06-02
Education
Cornell University (A.B., 1988); University of Miami School of Law (J.D., magna cum laude, 1991)
Signed orders read
40

How Judge Rosenbaum decides

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

What persuades

At the pleading stage she requires an official invoking qualified immunity to carry the threshold burden while testing the plaintiff's allegations for plausibility rather than demanding proof prematurely.

“Because Saunders fails to carry her burden to invoke qualified immunity and because Huggins plausibly alleges speech-restriction and First Amendment retaliation claims against her, we reverse.”

She applies equitable tolling when the claimant acted diligently and an external extraordinary circumstance caused the late filing, treating timeliness as a fact-sensitive inquiry rather than an automatic forfeiture.

“We hold that Beazer is entitled to equitable tolling and his lawsuit was timely.”

In deceptive-advertising cases she focuses on whether the representation is likely to mislead, not on whether the record contains individual consumer complaints.

“A false advertisement can be likely to deceive even if no consumer complains.”

Procedural preferences

She does not resolve a disputed factual explanation on a motion to dismiss when the complaint plausibly alleges a different account and the opposing party can develop its evidence later.

“But either way, that isn’t an issue to resolve on a motion to dismiss.”

In administrative review she separates legal and factual scrutiny, treating supported agency fact findings as conclusive while reviewing legal conclusions independently.

“But we treat its factual findings as conclusive if substantial evidence supports them.”

In the train-crew case, the court evaluated the reasonableness of the agency’s action as a whole rather than treating an isolated phrase in the rulemaking explanation as controlling.

“we conduct our deferential review with an eye towards the reasonableness of an agency’s action as a whole.”

Signed rulings

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

Min Yong Huang v. U.S. Attorney General
13-15346 · 2014-12-24
Petition for review (petitioner (Min Yong Huang)) Denied

“PETITION DENIED.”

Diana Arias v. Joseph T. Cameron
13-14863 · 2015-01-20
Appeal (appellants (defendants Joseph T. Cameron and The Dow Chemical Co.)) Denied

“we find that the district court did not abuse its discretion when it granted Arias's motion for voluntary dismissal without prejudice.”

Seminole Tribe of Florida v. Marshall Stranburg
14-14524 · 2015-08-26
Appeal (appellant (Marshall Stranburg, Florida Dept. of Revenue)) Granted in part

“With the benefit of the parties' briefs and oral argument, we now affirm in part and reverse in part.”

United States v. Jennifer A. Sparks
14-13844 · 2015-12-01
Appeal (appellants (defendants Alan Johnson and Jennifer Sparks)) Denied

“As for searches conducted within the three-day period before Defendants abandoned their interest in the phone, we find no reversible error in the district court's denials of Defendants' suppression motions. We also deny Johnson's challenges to his sentence.”

Vista Marketing, LLC v. Terri A. Burkett
14-13123 · 2016-02-04
Appeal (appellant (plaintiff Vista Marketing, LLC)) Denied

“we affirm the determination of the district court not to award punitive damages, and we vacate the district court's judgment to the extent that the court awarded statutory damages in the absence of actual damages. Finally, we find no abuse of discretion in the district court's denial of attorney's fees, so we affirm that ruling.”

Wreal, LLC v. Amazon.com, Inc.
15-14390 · 2016-10-28
Appeal (appellant (plaintiff Wreal, LLC)) Denied

“Because the district court did not abuse its discretion in denying the injunction, we affirm.”

Anthony Rodriguez v. City of Doral
16-11800 · 2017-07-19
Appeal (appellant (plaintiff Anthony Rodriguez)) Granted

“For these reasons, we vacate the judgment for Defendants-Appellees and remand this matter to the district court for further proceedings. VACATED and REMANDED.”

United States v. Michael Albert Focia
15-15643 · 2017-09-06
Appeal (appellant (defendant Michael Albert Focia)) Denied

“After careful consideration, and with the benefit of oral argument, we affirm Focia's conviction and sentence.”

Jim Barrett v. Walker County School District
16-16334 · 2017-10-02
Appeal (appellant (defendant Walker County School District)) Granted in part

“After careful review, and with the benefit of oral argument, we affirm in part, vacate in part, and remand for further proceedings.”

Michael Presley v. United States
17-10182 · 2018-07-18
Appeal (appellants (plaintiffs Michael Presley et al.)) Denied

“We therefore affirm the district court's order denying the quashing of the IRS's summonses.”

Marla Dixon v. United States
17-13780 · 2018-08-17
Appeal (appellant (United States) and cross-appellants (plaintiffs Marla Dixon et al.)) Granted in part

“we affirm much of what it did. Nevertheless, for the reasons that follow, we must reverse discrete portions of the district court's judgment and remand for further proceedings consistent with this opinion.”

Judith Alcocer v. Ashley Mills
17-14804 · 2018-10-09
Appeal (appellants (defendants Ashley Mills and John Staten)) Granted

“So we must reverse the denial of summary judgment. We remand to the district court to, in the first instance, conduct an individualized analysis of each Defendant's actions and omissions.”

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