James Dickson Phillips Jr.
Judge Phillips no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Phillips decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Recognizes that discrimination often must be proved circumstantially and permits prior discriminatory acts to show present motive.
“The inherent difficulty of proving discrimination forces civil rights plaintiffs to rely heavily on circumstantial evidence.”
Applies the ordinary meaning of enacted words unless rare and exceptional evidence clearly establishes a contrary legislative intent.
“The strong presumption that legislative purpose is aptly expressed by the ordinary meaning of the words used in the statute”
Procedural preferences
Treats personal-jurisdiction defenses as waivable under the consolidated-defense rules.
“a party’s waiver operates not only to cut off his right to raise the defense, but the court’s power to invoke it.”
Rejects summary judgment when testimony conflicts on a material fact central to deliberate indifference.
“The record discloses a flat conflict of testimony between Pressly and Sgt. Overby on the dispositive factual issue.”
Cautions
Does not permit a federal agency to impose mandatory midterm bargaining merely because voluntary bargaining remains possible.
“We hold only that they may not be required to do so.”
Distinguishes a government's defense of regulations from an action or proceeding eligible for statutory fee shifting.
“Defenses against suit are not "actions or proceedings”; the suits themselves are.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Appeal dismissed and case remanded by published opinion.”
“Affirmed in part, vacated in part, and remanded by published opinion.”
“Vacated and remanded by published opinion.”
“Petition for review granted and enforcement denied by published opinion.”
“Dismissed by published opinion.”
A historical record
Judge Phillips 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.