Donald Stuart Russell
Judge Russell no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Russell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats largely undisputed facts as suitable for summary judgment when the dispute concerns only the legal consequences of those facts.
“parties agree[d] on most of the facts” and that their only differences related to “the legal conclusions to be drawn from those facts.””
Gives effect to a taxpayer's acknowledgment of a legitimate debt when deciding whether collection may stand despite the government's procedural error.
“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
Enforces finality when a party declines a timely opportunity to challenge jurisdiction and later attempts a collateral attack.
“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
Will not rewrite enacted statutory language based on an asserted drafting mistake unsupported by the legislative record.
“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. If you're preparing for a matter, start from the court's current bench.