Henry Jacob Friendly
How Judge Friendly rules, drawn from 34 signed orders. Every observation links to the order it came from.
Judge Friendly no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Friendly
Henry Jacob Friendly was a judge of the United States Court of Appeals for the Second Circuit. Appointed by President Dwight D. Eisenhower, Judge Friendly received a commission on September 10, 1959. Judge Friendly assumed senior status on April 15, 1974 and served until death on March 11, 1986.
How Judge Friendly decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Ellis v. Blum, a challenge to disability-benefit pretermination notices, he found mandamus jurisdiction under 28 U.S.C. § 1361 and therefore did not decide the alternative jurisdictional theories under §§ 405(g) and 1331.
“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”
Procedural preferences
In Vermont Low Income Advocacy Council v. Usery, Friendly affirmed denial of FOIA attorney fees because the plaintiff sued without responding to an agency request to discuss the delayed records, and the suit had not reasonably been necessary.
“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.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We therefore vacate the order and direct a hearing consistent with this opinion.”
“Accordingly the petition is dismissed on that ground.”
“Petition for review denied; enforcement granted.”
“The order dismissing the third party complaint for lack of jurisdiction is reversed.”
“The judgment is reversed and the cause remanded for a new trial consistent with this opinion.”
“The judgment is reversed and a new trial ordered.”
“The judgment is reversed with instructions to allow deduction of the widow's interest in the real property.”
“We therefore reverse the order granting a preliminary injunction and direct that these actions be promptly tried.”
A historical record
Judge Friendly no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.