U.S. Court of Appeals for the Second CircuitcircuitDeceased · served 1959–1986Appointed by Dwight D. Eisenhower (Republican) 34 signed orders read
Judge Friendly no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Friendly decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Resolves cases on the narrowest sufficient ground, declining to decide harder jurisdictional questions once one secure basis for jurisdiction is established.
“Fortunately, however, we need not decide whether jurisdiction over the Secretary exists under § 405(g) or § 1331, since we are satisfied that jurisdiction is provided by 28 U.S.C. § 1361”
Expects litigants to make reasonable pre-suit efforts and will deny fee-shifting where a party rushed to court instead of pursuing an available informal resolution.
“as every lawyer should know, the fact that a party is legally entitled to invoke the aid of the courts does not demonstrate that a rush to the courthouse door is always reasonable.”
Judge Friendly no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.