Albert Diaz

U.S. Court of Appeals for the Fourth Circuit circuit Appointed by Barack Obama (Democratic) 32 signed orders read

How Judge Diaz decides

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

What persuades

When interpreting statutes, he starts with the enacted text, gives each term effect, and rejects common-law glosses that conflict with the words Congress chose; he departs from literal meaning only to avoid a genuinely absurd result.

“Gardner and Scott would have us read “judgment” out of Section 12-1021(k)(4) and ignore the fact that Section 12-1018(a)(2) expressly permits creditors who violate CLEC to collect the principal amount of the loan. We decline to do so.”

He measures materiality and legal significance by real-world effect rather than formal labels: in fraud and remedial statutes he asks whether a misrepresentation actually influenced the decisionmaker, and he will not let a defendant collaterally attack the underlying rules to escape liability.

“Materiality looks to the effect on the likely or actual behavior of the recipient of the alleged misrepresentation.”

Procedural preferences

He requires agencies and administrative law judges to build a logical, reviewable bridge from the evidence to their conclusions; where unexplained gaps or ignored evidence frustrate meaningful review, he remands rather than filling in the reasoning himself, while declining to impose rigid per se rules.

“Because we are left to guess about how the ALJ arrived at his conclusions on Mascio's ability to perform relevant functions and indeed, remain uncertain as to what the ALJ intended, remand is necessary.”

He enforces the limits on appellate jurisdiction with discipline, applying the collateral-order doctrine and clear-statement rules strictly: he will decline to reach even an issue he thinks likely meritorious when the court lacks jurisdiction to hear it.

“While we doubt that the district court's ruling is correct, we lack jurisdiction over Castellon's appeal. Therefore, we must dismiss it.”

Cautions

He holds the government strictly to the bargains it makes: he reads plea agreements against the government and treats an attempt to pursue sentencing enhancements beyond the stipulated relevant conduct as a breach that requires vacating the sentence, even resentencing before a different judge.

“The government crossed the line when it advocated for two enhancements based on those allegations—which fell beyond the total relevant conduct stipulation—and thus deprived Craig of the benefit of his bargain.”

He insists on a concrete, non-speculative injury for Article III standing: a bare statutory violation is not enough, and a plaintiff who cannot connect the violation to a real risk of harm will find the merits judgment vacated and the case sent back to state court for lack of federal jurisdiction.

“O'Leary can't connect the alleged statutory violation to an increased risk of identity theft without a Rube Goldberg-type chain reaction. . . . That's the kind of daisy chain of speculation that can't pass muster under Article III.”

Signed rulings

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

United States v. Kristen Smith
No. 11-4336 · 2012-12-17
Appeal (appellant (convicted defendant)) Denied

“We conclude that the district court committed no reversible error and that sufficient evidence supported the jury's verdict. Accordingly, we affirm.”

Corey v. Secretary, U.S. Department of Housing & Urban Development
No. 12-1601 · 2013-07-05
Petition for review (petitioner (landlord found liable for discrimination)) Denied

“For these reasons, we deny Corey's Petition for Review and grant the Department's Cross-Application for Enforcement of the Secretary's order.”

CVLR Performance Horses, Inc. v. Wynne
No. 14-1021 · 2015-07-09
Appeal (appellants (would-be intervenors)) Denied

“For the reasons given, we deny Appellees' motion to dismiss this appeal, and affirm the district court's denial of Appellants' motions to intervene.”

Gladys Gardner v. Ally Financial, Inc.
No. 14-1048 · 2015-08-06
Appeal (appellants (borrowers / putative class plaintiffs)) Denied

“Because we conclude that CLEC requires borrowers to have repaid more than the original principal amount of their loans before they are entitled to relief, we affirm.”

Carpenters Pension Fund of Baltimore v. Maryland Department of Health & Mental Hygiene
No. 12-1480 · 2013-06-26
Appeal (appellant (Maryland state agency / garnishee)) Granted

“As a matter of procedure and substance, the garnishment proceeding we consider here is a “suit” under the Eleventh Amendment. As a result, the Department is entitled to sovereign immunity. We therefore reverse the district court's order and remand with instructions to quash the writ of garnishment.”

Bonnilyn Mascio v. Colvin
No. 13-2088 · 2015-03-18
Appeal (appellant (disability benefits claimant)) Granted

“For the reasons given, we reverse the district court's judgment and remand with instructions to vacate the denial of benefits and remand for further administrative proceedings.”

E.L. v. Chapel Hill-Carrboro Board of Education
No. 13-2330 · 2014-12-03
Appeal (appellant (disabled student, through her parents)) Denied

“We conclude that E.L. did not exhaust her administrative remedies and that the school board did not violate the IDEA. We therefore affirm the district court's judgment.”

Town of Nags Head v. Toloczko
No. 12-1537 · 2013-08-27
Appeal (appellants (beachfront property owners / counterclaimants)) Granted

“we conclude that the circumstances of this case do not merit abstention . . . . We therefore reverse the district court's decision to abstain, and remand for further proceedings.”

United States v. Thomas Royal
No. 10-5296 · 2013-10-01
Appeal (appellant (convicted defendant)) Granted in part

“Accordingly, we affirm Royal's conviction, vacate his sentence, and remand for resentencing.”

Brandon Raub v. Michael Campbell
No. 14-1277 · 2015-04-29
Appeal (appellant (detained plaintiff)) Denied

“For the reasons given, we affirm the district court's judgment.”

Dante Askew v. HRFC, LLC
No. 14-1384 · 2016-01-11
Appeal (appellant (consumer borrower)) Granted in part

“we affirm the judgment of the district court with respect to Askew's CLEC and breach of contract claims. With regard to Askew's MCDCA claim, however, we reverse the district court's order granting summary judgment to HRFC and remand for further proceedings consistent with this opinion.”

Kensington Volunteer Fire Department v. Montgomery County
No. 11-1659 · 2012-06-27
Appeal (appellants (fire departments and former employees)) Denied

“For the reasons stated, the judgment of the district court is AFFIRMED.”

Put Judge Diaz's record to work

Ezel drafts and answers grounded in this exact profile: how Judge Diaz actually rules, not a generic AI guess.

Opens in Ezel Pro. Every answer is grounded in Judge Diaz's own signed orders and cites them.