Arianna Julia Freeman
How Judge Freeman rules, drawn from 22 signed orders. Every observation links to the order it came from.
How Judge Freeman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Enforces unambiguous statutory rights and express federal preemption even when state administration may become more demanding.
“We may not ignore Congress's unambiguous conferral of an individual right or its clear intent to preempt state law.”
Treats sworn evidence denying receipt as sufficient to defeat a presumptive mailing date and create a fact issue.
“They create a dispute of material fact sufficient to defeat summary judgment on timeliness.”
Procedural preferences
Treats jurisdictional dismissals as ordinarily without prejudice and modifies judgments that incorrectly reach the merits.
“Because the absence of standing leaves the court without subject matter jurisdiction to reach a decision on the merits, dismissals 'with prejudice' for lack of standing are generally improper.”
Expects a party that receives a clear pre-ruling warning about pleading deficiencies to seek leave to amend promptly rather than waiting for dismissal.
“a plaintiff who wishes to amend based on facts available to him shall seek leave to do so promptly after receiving the clear indication.”
Cautions
Requires a clear congressional indication before treating a specialized interlocutory order as immediately appealable.
“Lacking clear indication that Congress intended DTSA ex parte seizure rulings to be immediately appealable, we hold that we lack jurisdiction.”
Will send a religious-neutrality dispute to trial when motive and individualized exemptions remain factually contested.
“Unanswered factual questions pervade this inquiry.”
Does not treat an incorrect jury instruction as automatically requiring a new trial when the full context and record show no prejudice.
“After all, justice is not served if a non-prejudicial error disturbs a jury’s verdict.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, we will affirm the District Court's judgment.”
“Clark has failed to make the required showing for a COA, so we will dismiss the appeal for lack of jurisdiction.”
“For the foregoing reasons, we will dismiss this appeal for lack of jurisdiction.”
“For the above reasons, we will vacate the District Court's order granting Wayne Burt's motion to dismiss Vertiv's complaint and remand for further proceedings.”
“We agree that Barclift lacks standing, but we will modify the District Court's order so that the dismissal will be without prejudice.”
“We will affirm the part of the District Court's order certifying the taxes-and-fees class, but we will vacate the part of the District Court's order certifying the condition-adjustment class and remand with instructions to dismiss that claim.”
“We will reverse the District Court's summary judgment for the airline on the USERRA claims and remand for further proceedings on those claims. We will affirm the summary judgment for the airline on the breach of contract claim.”
“For the reasons set forth above, we will vacate the District Court's order and remand for further proceedings.”
“Because the HFPO-DA health advisory is not a final agency action, we will dismiss the petition for lack of jurisdiction.”
“For the reasons set forth above, we will vacate the District Court's order and remand the case for trial.”
“Because he had fewer than three strikes, we will grant his motion to proceed in forma pauperis for this appeal.”
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