Francis Beverley Biddle
Judge Biddle no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Biddle decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Applies simplified federal pleading rules to preserve a negligence claim stated with enough notice to identify the alleged defect.
“all pleadings shall be so construed as to do substantial justice”
Refuses a lease forfeiture that bears no relation to liquidated damages and would operate only as a penalty.
“Here too the forfeiture bears no relation to any liquidated damages, and as a penalty will not be enforced.”
Procedural preferences
Treats settled decisions of a state’s highest court as binding while regarding intermediate state decisions as persuasive rather than controlling.
“A fixed and settled rule of decision in a state court of last resort establishes the law. of the state in such manner as to bind the federal courts in all matters controlled by the state law”
Requires compelling reasons before using appellate discretion to excuse substantial delay in preparing a criminal appeal.
“Compelling reasons only should move us in exercising discretion in appellant’s favor. No such reasons appear.”
Cautions
Allows agency to be inferred from an employer’s acts and a supervisor’s authority, but requires evidence linking those acts to the employer.
“Authority may be deduced from acts of the employer coupled with the type of the employee’s authority, which make probable the link.”
Requires proof that an allegedly defective product actually caused the injuries supporting the verdict.
“Clearly the evidence must show that the injuries on which the verdict was based were caused by the use of the defective toilet preparation.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We conclude that the judgment must be affirmed.”
“The judgment of the District Court is affirmed. .”
“The motion to dismiss the appeal is granted.”
“The judgment is reversed, and the cause remanded for further proceedings.”
“Accordingly the order of the District Court is reversed, with directions to proceed in conformity with this opinion.”
“The appeals are therefore dismissed.”
“The judgment in favor of the plaintiffs is accordingly reversed, and the District Court is directed to enter judgments in favor of both these appellants.”
“' We decide therefore that we have jurisdiction; that section 275(c) is applicable ; and that the decision of the Board of Tax Appeals must be reversed.' The record is remanded to the Board of Tax Appeals with the direction to determine the taxpayer’s appeal on the merits.”
A historical record
Judge Biddle 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.