Joseph Edward Lumbard
Judge Lumbard no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lumbard decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Required actual evidence before applying an equitable doctrine, declining to fault a large vessel under the last-clear-chance rule where no proof showed it ever had a chance to avoid the collision.
“no evidence was adduced to show that the Norcuba had such a chance.”
Procedural preferences
Treated dismissal for failing to prepare a pretrial order as a last resort, reversing it as an abuse of discretion where the plaintiff had complied throughout the case and received no warning that a single missed deadline could end the suit.
“dismissal of the complaint was an abuse of discretion; under all the circumstances such a sanction was unnecessarily drastic.”
Cautions
Insisted that a case-ending sanction be reserved for extreme situations and preceded by consideration of lesser measures.
“a harsh remedy to be utilized only in extreme situations.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The decision of the district court is, therefore, reversed and the libel dismissed.”
“we affirm the findings of the district court that $16,254.58 was due Malone for commissions and we direct that judgment for Malone be entered in that amount.”
A historical record
Judge Lumbard 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.