Samuel James Ervin III
Judge Ervin no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Ervin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Applies pleading rules to the facts alleged while requiring the complaint to establish a legally protected claim.
“Even accepting all of the factual allegations in the complaint as true, Chaudhry still failed to state a claim.”
Requires employment plaintiffs to connect doubts about an employer's explanation to evidence of prohibited discrimination.
“creating a suspicion that BEC’s reasons for its actions are not credible is not enough to survive summary judgment.”
Procedural preferences
Favors efficient coordination with parallel state litigation when the state proceeding can resolve the complete controversy.
“Concern for efficiency and judicial economy clearly support the district court’s decision.”
Requires sentencing courts to follow the governing text rather than adjust the framework toward an intuitively preferred sentence.
“we must admonish district courts instead to apply the Guidelines as written.”
Cautions
Treats lack of a continuing legal stake as a jurisdictional obstacle that can end an appeal without reaching the merits.
“Because BMC lacks the requisite stake in the outcome to participate in this appeal, we dismiss the action for lack of jurisdiction.”
Rejects administrative interpretations that distort negotiated contract language through a one-sided presumption.
“this skewed method of interpretation simply does not accord sufficient respect to the actual meaning of the collective bargaining agreement.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Affirmed in part and reversed and remanded in part by published opinion.”
A historical record
Judge Ervin 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.