Amalya L. Kearse
How Judge Kearse rules, drawn from 60 signed orders. Every observation links to the order it came from.
How Judge Kearse decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A textual challenge succeeded where the governing rule prohibited possession, neighboring provisions separately addressed use, and the agency attempted to punish use as possession.
“The drafters’ recognition that possession does not encompass use is also displayed within a number of individual PAC sections.”
A claimed property interest was supported by the governing lease and incorporated rules, which gave a defined group shared use rights that excluded the public.
“The term ‘property,’ however, is not defined in the Code.”
A specific factual allegation could survive screening even when the broader pro se pleading was largely implausible; disbelief alone did not justify dismissal.
“because some important alleged aspect of the claim might not be credited.”
After a disability-access bench trial, Kearse required plaintiffs to prove that their proposed modifications would be effective while assigning them only an initial facial burden on reasonableness; the defendant retained the ultimate burden to establish that an accommodation was unreasonable.
“In sum, plaintiffs who propose modifications to accommodate their disabilities have the initial burden and the burden of persuasion as to whether their proposed modifications would be effective; as to the multi-faceted issue of reasonableness, they have only the ‘initial’ burden of identifying a ‘plausible’ modification, i.e., a modification ‘the costs of which, facially, do not clearly exceed its benefits.’”
Procedural preferences
An order granting specific performance was not appealable as an injunction because it failed to state the required acts and a performance deadline within the order itself.
“First, Petrello I does not instruct White to perform specific acts; it does not describe the required conduct in any detail, much less ‘in reasonable detail’ as required by Rule 65(d)(1).”
An unpreserved error did not warrant relief without record-based proof of a reasonable probability that the defendant would have chosen differently.
“In assessing this plain-error factor, we review the record as a whole.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We affirm the district court's ruling on liability on the grounds stated above, reverse on the question of damages, and remand for further proceedings not inconsistent with this opinion. No costs.”
“The judgment of conviction is affirmed.”
“The judgment of the district court enjoining the Commission to follow the specified procedures for parole grantees is in all respects affirmed.”
“There being no right of access to the documents on the part of Wolfson or the public, the order of the district court is affirmed.”
“We have considered all of Leslie's arguments on this appeal and have found in them no basis for reversal. The judgment of the district court is affirmed.”
“The judgment is vacated, and the matter is remanded for further proceedings not inconsistent with this opinion.”
“We have considered all of Khan's contentions on this appeal and have found them to be without merit. The judgment of the district court is affirmed.”
“We have considered all of Riley's arguments on this appeal and have found them to be without merit. The judgment of the district court is affirmed.”
“We conclude that the orders challenged by defendants are not appealable orders for the reasons discussed above, and on that basis we grant plaintiffs' motion to dismiss the appeals.”
“Vacated and remanded.”
“For the reasons stated above, we vacate the grant of summary judgment in favor of the Commissioner and remand for further proceedings.”
“We vacate the August Order of the district court and remand for further proceedings in accordance with this opinion, which should be expedited in light of Murdock's scheduled release from prison on November 15, 2013.”
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