James Braxton Craven Jr.
How Judge Craven rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Craven no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Craven
James Braxton Craven, Jr. was a judge of the United States Court of Appeals for the Fourth Circuit. Appointed by President Lyndon B. Johnson, Judge Craven received a commission on June 29, 1966. Judge Craven previously served on the United States District Court for the Western District of North Carolina, commissioned there on August 10, 1961. Judge Craven served until death on May 3, 1977.
How Judge Craven decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In White v. Arlen Realty & Development Corp., he reversed a ruling that a credit-card customer lacked standing to seek Truth in Lending Act statutory penalties despite no proven financial injury, construing the disclosure provision in light of its remedial purpose.
“The language should be construed liberally in light of its broadly remedial purpose.”
Defers factual conflicts in technical medical evidence to the responsible agency when its conclusion has substantial evidentiary support.
“it is the responsibility of the Secretary and not the courts to reconcile inconsistencies in the medical evidence”
Procedural preferences
Favors disclosure of presentence reports to reinforce the appearance and administration of justice, subject to limited confidentiality concerns.
“disclosure when requested should be favored in order that the appearance of justice will be fostered and respect for the administration of the law increased.”
Requires a demonstrated need before compelling the government to provide an existing transcript for a collateral attack.
“if no need is shown, there is no constitutional right to a transcript, regardless of how easily and inexpensively the state could furnish it.”
Cautions
In Multi-Medical Convalescent and Nursing Center v. NLRB, he enforced a Board order after finding the employer's warning of layoffs if employees unionized conveyed an implied threat rather than a carefully grounded prediction.
“the employer’s expression of views, argument or opinion, fully protected by the First Amendment and by the Act, 29 U.S.C. § 158(c), was not so carefully exercised as to screen out intended implications of ‘threat of reprisal or force or promise of benefit’”
In In re Seats, Craven reversed the refusal to modify a bankruptcy discharge so the creditor could pursue a state-court claim against property the debtor and his wife held by the entireties.
“We cannot conceive that any court would lend its aid to the accomplishment of a result so shocking to the conscience.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Enforcement denied. Remanded.”
A historical record
Judge Craven 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.