Herbert Stephenson Boreman
How Judge Boreman rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Boreman no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Boreman
Herbert Stephenson Boreman was a judge of the United States Court of Appeals for the Fourth Circuit. Appointed by President Dwight D. Eisenhower, Judge Boreman received a commission on June 17, 1959. Judge Boreman previously served on the United States District Court for the Northern District of West Virginia, commissioned there on July 22, 1954. Judge Boreman assumed senior status on June 15, 1971 and served until death on March 26, 1982.
How Judge Boreman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Dubin-Haskell Lining Corp. v. NLRB, Boreman set aside the Board's finding that the company unlawfully discharged Fred Cox because substantial evidence did not support that finding.
“The Board’s holding that the company violated sections 8(a) (3) and (1) by discharging Fred Cox is not supported by substantial evidence”
Looks beyond a tax understatement for additional facts and circumstances establishing willfulness.
“Willfulness, of course, may not be inferred from the mere understatement of income.”
Procedural preferences
In Heisler v. Cox, he found error in denying a federal evidentiary hearing on material factual issues left unresolved by the state habeas proceedings.
“The failure of the district court to do so in this case was error.”
In Black v. Central Motor Lines, Inc., he affirmed denial of a motion to intervene as untimely because the appellants did not show an abuse of discretion.
“there has been no showing by appellants that the district court abused its discretion in denying the motion to intervene as untimely.”
Cautions
Declines habeas review that would transfer the state jury's fact-finding role to a federal court.
“To require such exhaustive review would transfer the ultimate fact finding function from state court juries to the federal courts.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Enforcement granted in part and denied in part.”
“The petition for summary entry of a decree enforcing the Board’s order is granted.”
A historical record
Judge Boreman 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.