Ruggero J. Aldisert
How Judge Aldisert rules, drawn from 30 signed orders. Every observation links to the order it came from.
Judge Aldisert no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Aldisert decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
An insurer invoking an intentional-harm exclusion must prove the insured’s specific subjective intent when the narrow inferred-intent rule does not apply. Failure to carry that burden defeated the exclusion at summary judgment.
“For the exclusionary clause to apply, the insurer had to prove that Barthelemy had the specific subjective intent to harm McSparran.”
A government position that clearly conflicts with established precedent is not substantially justified for purposes of a fee request. A merely arguable evidentiary basis was insufficient once controlling law pointed the other way.
“By contrast, if the government's legal position clearly offends established precedent, its position cannot be said to be substantially justified.”
Procedural preferences
A bankruptcy appellate briefing deadline does not begin until the district-court clerk gives the required notice of docketing. Dismissal for a late brief was improper when that notice had not been sent.
“Without notice from the clerk of the district court, an appellant cannot be certain of the precise date on which the appeal was docketed.”
Cautions
Personal exposure to contempt requires personal notice. Knowledge that contempt proceedings are pending against a represented entity does not substitute for notice that the representative is individually charged.
“Due process requires that, before one is subjected to a court's contempt power, one is entitled to notice that he is being so charged.”
A late bankruptcy proof of claim cannot be accepted on lack-of-prejudice or general equitable grounds alone. The creditor must fit the rule governing timely extension requests or excusable neglect.
“The court has no discretion to grant an extension simply because no prejudice would result, or for any other equitable reason.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment of the district court will be affirmed.”
“We set forth this brief statement of reasons for reversing the judgment of the district court.”
“Accordingly the judgment of the district court will be affirmed.”
“The judgment of the district court denying intervention will be affirmed.”
“The judgment of the district court dismissing the complaint will be reversed and the cause remanded for further proceedings.”
“For the reasons stated above, we will affirm the judgment of the district court in all respects.”
“Accordingly, we will reverse the judgment of the district court and remand these proceedings for calculation of attorney’s fees under EAJA.”
“The judgment of the district court will be affirmed.”
“We hold instead that the proper conservation of judicial resources requires the dismissal of Remington's appeal.”
“In light of our holding, the orders of contempt and attorneys' fees will be reversed to the extent that they apply to Banning.”
A historical record
Judge Aldisert 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.