Joseph Francis Weis Jr.

U.S. Court of Appeals for the Third Circuit circuit Deceased · served 1973–2014 Appointed by Richard M. Nixon (Republican) 25 signed orders read

Judge Weis no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Weis decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Keeps statutory interpretation within the judiciary while considering an agency's views for their persuasive value.

“We acknowledge our duty to interpret statutory provisions and do not yield that responsibility to an entity outside the judicial branch.”

Uses state property law to decide whether jointly titled accounts are actually resources of a benefits recipient.

“We conclude that under state property law the deposits remained the property of the parents and that the Social Security Administration erred in treating the assets as resources of the son.”

Procedural preferences

Treats an unquantified sanctions order as interlocutory and unavailable for immediate appellate review.

“We conclude that because sanctions have not been fixed, the order is interlocutory and nonappealable.”

Reviews continuance decisions with attention to prior extensions, counsel's diligence, and orderly case administration.

“Here, defendant received thirteen continuances.”

Cautions

Separates constitutional liability from negligence or state tort liability by requiring proof of intentional conduct.

“Our examination of the record demonstrates that the plaintiff failed to prove the intentional conduct characterizing a constitutional infringement.”

Requires the legality of a labor agreement to be tested against the economic circumstances of each transaction rather than solely on its face.

“However, we conclude that the legality of the provision must be resolved in the circumstances affecting each purchase.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Marino v. Mook
· 2009-11-18
Appeal (plaintiff-appellant) Denied

“ADJUDGED AND ORDERED that the judgment of the District Court entered February 27, 2009, 2009 WL 499460, be and is hereby affirmed.”

United States v. Herrera-Gonzalez
· 2009-12-31
Appeal (defendant-appellant) Denied

“Accordingly, the judgment of the District Court will be affirmed.”

Chen v. Attorney General of the United States
· 2010-06-29
Petition for review (petitioner) Denied

“Accordingly, the petition for review will be denied.”

Pearson v. Commissioner of Social Security
· 2009-04-02
Appeal (claimant-appellant) Denied

“Accordingly, we will affirm the Order of the District Court.”

United States v. Bittenbender
· 2009-12-30
Appeal (defendant-appellant) Denied

“Accordingly, the judgment of the District Court will be affirmed.”

United States v. Thomas
· 2009-10-07
Appeal (defendant-appellant) Denied

“Accordingly, we will affirm the Judgment of the District Court.”

United States v. Camacho-Villarreal
· 2009-10-14
Appeal (defendant-appellant) Denied

“As we find no merit in the defendant’s remaining arguments, the Order of the District Court will be affirmed.”

United States v. Brown
· 2010-06-30
Appeal (defendant-appellant) Denied

“Accordingly, the Judgment of the District Court will be affirmed.”

Lindsay v. Pennsylvania State University
· 2010-03-04
Appeal (plaintiff-appellant) Denied

“Finding no reversible error, we will affirm.”

United States v. Kao
· 2010-01-14
Appeal (defendants-appellants) Denied

“Accordingly, the judgments of the District Court will be affirmed.”

Mohammad v. Attorney General of the United States
· 2010-01-29
Petition for review (petitioner) Denied

“Accordingly, the petition for review will be denied.”

United States v. Dunbar
· 2010-06-29
Appeal (defendant-appellant) Denied

“Accordingly, the Judgment of the District Court will be affirmed.”

A historical record

Judge Weis 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.