Donald Stuart Russell
How Judge Russell rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Russell no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Russell
Donald Stuart Russell was a judge of the United States Court of Appeals for the Fourth Circuit. Appointed by President Richard M. Nixon, Judge Russell received a commission on April 23, 1971. Judge Russell previously served on the United States District Court for the District of South Carolina, commissioned there on November 3, 1966. Judge Russell served until death on February 22, 1998.
How Judge Russell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Nobel Scientific Industries, Inc. v. Beckman Instruments, Inc., Russell upheld summary judgment where the parties agreed on most facts and disputed their legal consequences.
“parties agree[d] on most of the facts” and that their only differences related to ‘the legal conclusions to be drawn from those facts.”
In Goldstein, Baron & Lewis, Chartered v. United States, he held that the taxpayer waived its objection to collection of an erroneous refund by acknowledging the legitimate tax debt.
“the taxpayer’s acknowledgement of the legitimate tax debt owed to the IRS waived any objection it may have had to collection of the erronéous refund.”
Procedural preferences
In In re Hawks, he rejected a late collateral jurisdictional challenge after the party had declined an earlier opportunity to contest the bankruptcy proceedings.
“It cannot play ‘fast and loose’ with the Court in such fashion.”
Requires specific, material evidence before reopening a representation proceeding for an evidentiary hearing.
“unless the movant has made a proffer of specific, as distinguished from conclusory, prima facie evidence on ‘substantial and material factual issues’ of fact”
Cautions
In United States v. Jones, Russell reversed a mandatory five-year sentence because the statute’s plain text also permitted a fine, and the legislative record did not support treating “or” as a drafting error.
“accordingly decline to perform an act of impermissible legislation.”
Applies abstention to declaratory relief as well as injunctions when parallel state proceedings can adjudicate the claims.
“declaratory relief is not to be distinguished from injunctive relief and is equally within the proscriptions of the Younger doctrine.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“REVERSED AND REMANDED WITH DIRECTIONS.”
“The petition for review will be denied and the order of the Benefits Review Board will be affirmed.”
“The decision of the Commission is accordingly affirmed and the petition for review is dismissed.”
“Consolidated's petition for review is dismissed without prejudice”
“the district court's injunctive order vacated, and the case remanded with instructions to dismiss the complaint.”
“petition for enforcement at this time is accordingly denied”
“The judgment of the District Court is accordingly AFFIRMED.”
“the petition for review is dismissed11 and the decision of the Secretary is affirmed.”
“We accordingly reverse the decision of the District Court sustaining its right to entertain this suit and remand the cause to that Court with direction to dismiss the complaint herein.”
“The order of deportation as issued by the Board of Immigration Appeals is accordingly affirmed, as well as the order of the Board refusing to reopen the order of deportation.”
“Accordingly, the judgment of the district court is AFFIRMED.”
“REVERSED and REMANDED WITH INSTRUCTIONS.”
A historical record
Judge Russell 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.