Martin Blane Michael
How Judge Michael rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Michael no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Michael
M. Blane Michael was a judge of the United States Court of Appeals for the Fourth Circuit. Appointed by President William J. Clinton, Judge Michael received a commission on October 1, 1993. Judge Michael served until death on March 25, 2011.
How Judge Michael decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In FPC Holdings v. NLRB, he denied the employer's review petition and enforced a Board order because substantial evidence supported its finding that FPC reprimanded and discharged two employees for protected concerted activity.
“there was substantial evidence to support the Board’s finding that FPC engaged in unfair labor practices proscribed by the Act.”
In Green-Brown v. Sealand Services, he reversed a hearing-loss award based on an audiogram that omitted the 3000-hertz test required by the AMA Guides and remanded for calculation using the compliant audiogram.
“§ 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
In Woodall v. Reno, he directed dismissal without prejudice of a prior-restraint challenge to the clinic-entrance statute because no injunction had been sought or entered against the plaintiffs and the record lacked a concrete application.
“The record before us is insufficient to present the prior restraint issue in a ‘clean-cut and concrete form.’”
In Yates v. UMWA 1974 Pension Plan, he reversed an award of pension credit for service with a nonsignatory employer because the retiree-health statute did not extend the pension agreement to that period.
“Yates was not contractually entitled to the additional credit.”
Cautions
In Tewabe v. Gonzales, Michael granted review and remanded the asylum case because the immigration judge gave no specific, cogent reasons for the adverse credibility finding.
“because the IJ failed to provide specific, cogent reasons for his adverse credibility determination, we cannot uphold it.”
In United States v. Reaves, he vacated a firearm conviction because an anonymous 911 tip about a suspected drug deal was not sufficiently corroborated as to illegal conduct to justify the vehicle 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 here. If you're preparing for a matter, start from the court's current bench.