Phillip Forman
How Judge Forman rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Forman no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Forman
Phillip Forman was a judge of the United States Court of Appeals for the Third Circuit. Appointed by President Dwight D. Eisenhower, Judge Forman received a commission on September 10, 1959. Judge Forman previously served on the United States District Court for the District of New Jersey, commissioned there on June 25, 1932. Judge Forman assumed senior status on March 31, 1961 and served until death on August 17, 1978.
How Judge Forman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Defers to trial-level negligence findings unless the reviewing court is firmly convinced a mistake occurred.
“A finding of negligence may not ‘be set aside unless clearly erroneous, regardless of what we, if charged with the responsibility of the finding in the first place, would have found.’”
Requires affirmative proof or circumstances naturally supporting negligence and proximate causation.
“He who alleges it must affirmatively prove it or point to such circumstances as naturally and reasonably lead to the conclusion of carelessness on the part of the accused as the proximate cause of the occurrence which resulted in the injuries complained of.”
Procedural preferences
In Estate of Levenson v. Commissioner, he remanded a stock-valuation dispute because the Tax Court said it used ten years of earnings but calculated value using five, leaving its $900-per-share finding in need of clarification.
“Thus we are left with no other course than to remand the case to the Tax Court for a clarification of the issue.”
Treats control and enforcement of pretrial procedure as essential to effective judicial administration.
“Courts must be free to use it and to control and enforce its operation.”
Cautions
In Reiner v. Bankers Security Corp., Forman affirmed the judgment on the jury’s verdict, explaining that a court could not set it aside merely because jurors might have drawn different inferences.
“Courts are not free to reweigh the evidence and set aside the jury verdict merely because the jury could have drawn different inferences or conclusions or because judges feel that other results are more reasonable.”
Recognizes maritime jurisdiction when a shipboard tort produces an injury ashore without meaningful remoteness.
“the Extension of Admiralty Jurisdiction Act of 1948 grants maritime jurisdiction in a case wherein ‘it is alleged that the shipowner commits a tort while or before the ship is being unloaded, and the impact of which -is felt ashore at a time and place not remote from the wrongful act.’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The petitions of Piasecki and the Union are accordingly denied.”
“The petition to set aside the Board’s order is denied.”
“Accordingly the order of the district court of April 17, 1959, dismissing the complaint and civil action is reversed”
“Accordingly the case will be remanded for reconsideration consistent with this opinion.”
“Its judgment on the second count of the complaint against Jack A. Rainier and in favor of Champion Container Company, Irwin R. Weiner, Ira Earl Robinson and Harry A. Robinson (Rainier’s Appeal No. 13,337) likewise will be affirmed.”
“The judgment of the District Court will be affirmed.”
“Hence, the judgment of the District Court of March 22, 1961 will be vacated :and the cause remanded with directions to proceed in accordance with this opinion.”
“The judgment of the Tax Court that he is entitled to deduct the payment of $16,500 and attorney’s fees of $3,582.30, based on the concession made by the Commissioner, will be affirmed.”
“the contrary the judgment of the District Court will be affirmed.”
“The judgment of conviction on all three counts will be affirmed.”
“the judgment of the United States District Court for the Western District of Pennsylvania, as embodied in its order of January 24, 1963, will be affirmed.”
A historical record
Judge Forman 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.