Robert Bruce King
How Judge King rules, drawn from 51 signed orders. Every observation links to the order it came from.
How Judge King decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He limits Pullman abstention to cases in which the federal claim actually presents an unclear state-law issue or requires the federal court to interpret one.
“But the Pullman abstention doctrine requires that the federal claim ‘present’ an unclear issue of state law, or that the federal court will have to ‘interpret an unclear state law.’”
In immigration reopening, he expects the agency to apply its generally applicable reasonable-likelihood standard unless the case presents the special adverse considerations supporting a stricter test.
“What was clear to the BIA, however, is that the ‘reasonable likelihood’ standard is the generally applicable standard for motions to reopen — particularly where, as in L-O-G-, ruling on the motion ‘requires the exercise of judgment regarding eligibility for the relief sought.’”
On trademark abandonment, he treats an owner’s intent to resume use as intensely factual, making summary judgment inappropriate when the record contains concrete evidence beyond a vague future intention.
“Of importance, our Court has recognized that the intent-to-resume-use inquiry underlying an abandonment analysis ‘is an intensely factual question.’”
Procedural preferences
At the pleading stage, he does not require a Title VII retaliation complaint to establish the full McDonnell Douglas prima facie case.
“That is because the McDonnell Douglas framework’s prima facie case ‘is an evidentiary standard, not a pleading requirement.’”
In Strickland prejudice review, he rejects a piecemeal treatment of mitigation and requires the court to assess the totality of favorable evidence against the aggravating evidence.
“Instead, the State Decision ‘engaged in a different analysis — an analysis that unreasonably broke from Strickland by considering less than the totality of the evidence, and one that unreasonably discounted evidence favorable to [Coleman] by unduly minimizing its import and evaluating it piecemeal.’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Pursuant to the foregoing, the doctrine of collateral estoppel does not bar the Government from prosecuting Ruhbayan for perjury and subornation of perjury, as charged in the Indictment. We therefore affirm the decision of the district court. AFFIRMED.”
“Vacated and remanded by published opinion.”
“Pursuant to the foregoing, the judgment of the district court is affirmed. AFFIRMED.”
“We hereby remove this appeal from abeyance, vacate the district court's Said opinion, and remand for such other and further proceedings as may be appropriate, consistent with our decision in Dire. VACATED AND REMANDED.”
“In response to our inquiry, Aetna maintained that the Order is appealable under the collateral order doctrine. As explained below, we disagree and dismiss the appeal for lack of jurisdiction.”
“As described below, we reject Brehm's challenges to his conviction and affirm the district court's judgment.”
“As explained below, we reject Abramski's contentions of error and affirm.”
“Affirmed by published opinion.”
“Further factual development would permit a definitive resolution of the matter, but remand is unnecessary in this instance because any Fifth Amendment error was harmless beyond a reasonable doubt. We therefore affirm Holness's convictions.”
“Pursuant to the foregoing, we reverse the judgment of the district court and remand for an award of habeas corpus relief. REVERSED AND REMANDED.”
“Pursuant to the foregoing, we reverse the judgment of the district court. REVERSED.”
“On appeal, Medina-Campo challenges the court's calculation of his prison term insofar as it was informed by the federal Sentencing Guidelines. Discerning no error, we affirm.”
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