Alvin Benjamin Rubin
Judge Rubin no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Rubin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Applies contract language as written when no latent or patent ambiguity exists.
“Absent latent or patent ambiguities, the meaning of a contract is for the court as a matter of law.”
Requires the prosecution's evidence to establish every element rather than merely support suspicion.
“Entry into the building was not proved and cannot on the record be inferred.”
Procedural preferences
Treats timely filing as a jurisdictional prerequisite when a rule expressly requires filing within a fixed period.
“The clear language of both provisions specifies that the notice must be filed within the ten-day period to be effective.”
Uses reassignment to the same judge as a practical way to preserve judicial economy in a renewed action.
“Economy of judicial administration can be accomplished by assigning the new case to the same judge if that is desirable.”
Cautions
Rejects attempts to litigate generalized objections without an injury personal to the plaintiff.
“No litigant in the federal courts may appear as a self designated ombudsman for the rights of others.”
Resists summary judgment when the record leaves a material question about the plaintiff's knowledge.
“The district court should not, therefore, have rendered a summary judgment.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the order of the district court, 440 F.Supp. 1037, granting writ of habeas corpus is AFFIRMED and the case is REMANDED for further proceedings consistent with this opinion.”
“The judgment is VACATED and the case remanded with instructions.”
“Accordingly, the decision is AFFIRMED.”
“For these reasons, the judgment is AFFIRMED.”
“The judgment of the District Court is AFFIRMED.”
“For these reasons, the judgment is AFFIRMED.”
“AFFIRMED for the reasons given by the district court. 546 F.Supp. 694 (S.D.Miss.1982).”
“The judgment of dismissal for failure to state a claim is, therefore, REVERSED”
“For these reasons, the judgment of dismissal is vacated and the case is remanded for further proceedings.”
“For these reasons, the summary judgment is AFFIRMED.”
A historical record
Judge Rubin 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.