Martin Blane Michael
Judge Michael no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Michael decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Accepts an agency finding when the record contains substantial evidence supporting the challenged determination.
“there was substantial evidence to support the Board’s finding that FPC engaged in unfair labor practices proscribed by the Act.”
Applies a statute's specified technical standard rather than substituting a less compliant evidentiary measure.
“§ 908(c)(13)(E) of the LHWCA mandates that hearing loss compensation be based on hearing loss determinations made in accordance with the AMA Guides.”
Procedural preferences
Defers constitutional questions when the record does not present a concrete application of the challenged provision.
“The record before us is insufficient to present the prior restraint issue in a “clean-cut and concrete form.””
Treats the governing agreement as dispositive when a claimant seeks benefits beyond its contractual coverage.
“Yates was not contractually entitled to the additional credit.”
Cautions
Will not sustain an adverse credibility finding that lacks specific reasons grounded in the record.
“because the IJ failed to provide specific, cogent reasons for his adverse credibility determination, we cannot uphold it.”
Requires an anonymous tip to be corroborated in its assertion of illegality before it can justify an investigative stop.
“Because the tip prompting the stop was not sufficiently corroborated in its assertion of illegal conduct, we hold that the stop violated the Fourth Amendment.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“AFFIRMED IN PART, VACATED IN PART, AND REMANDED WITH INSTRUCTION.”
“Petition for review denied and enforcement granted by published opinion.”
“Petition denied, cross-petition granted, and order enforced by published opinion.”
“Application for enforcement granted in part, denied in part, and remanded by published opinion.”
“Petition denied and order enforced by published opinion.”
“Enforcement granted in part, denied in part by published opinion.”
A historical record
Judge Michael 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.