James Leon Dennis
How Judge Dennis rules, drawn from 42 signed orders. Every observation links to the order it came from.
How Judge Dennis decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Evidence that employees could have seen or were told about a puddle, together with its location and likely source, created a jury question on constructive notice at summary judgment.
“Under these circumstances and on summary judgment, Flowers has presented enough evidence to create a genuine issue of material fact that the period of time the puddle existed was sufficient to place the Defendants on notice of its existence.”
A jury could use ordinary experience to estimate how long hot grease takes to cool and congeal without expert testimony.
“Further, a jury could use its general experience to make its own estimate of how long it takes hot chicken grease to cool and congeal without the need for expert testimony.”
The statutory phrase 'in connection with' required only a tangential relationship, allowing mandated life rafts used in covered industries to qualify under the dealer statute.
“At bottom, the term ‘in connection with’ in the Dealer Act does not ‘imply more than a tangential connection.’”
A court evaluating judgment as a matter of law must consider the evidentiary record as a whole; isolating nonsexual conduct from the surrounding harassment improperly displaced the jury’s verdict.
“Because the district court erred in ‘decoupling’ the evidence when considering Byrd's motion for JMOL, we REVERSE the district court's judgment on that issue and REMAND for reinstatement of the jury's verdict and entry of judgment thereon.”
A public employee’s mixed personal motives did not remove First Amendment protection where the speech’s content, public form, and context concerned alleged police misconduct.
“We find that Markos' speech involved a matter of public concern. The district court's order granting summary judgment is REVERSED”
Procedural preferences
When removed state-law claims fell outside supplemental jurisdiction, the district court had to remand them before addressing arbitration.
“The district court therefore erred in ruling on the motion to compel arbitration rather than immediately remanding SJAP’s claims against Cigna.”
A Rule 41(a)(2) dismissal cannot be converted to one with prejudice without first allowing the plaintiff to reject that condition and continue the case.
“Because the dismissal with prejudice was erroneous, we VACATE and REMAND.”
Failure to exhaust prison remedies required dismissal without prejudice, preserving the former prisoner’s ability to refile timely after release.
“For these reasons, we VACATE the district court's dismissal with prejudice and REMAND with instructions to dismiss Bargher's action without prejudice to his ability to timely refile.”
Federal habeas jurisdiction attaches where the petition is properly filed against the then-custodian and is not defeated by the prisoner’s later transfer to another district.
“We vacate the district court's dismissal order and transfer Griffin's case back to the U.S. District Court for the Middle District of Pennsylvania. Griffin stated a claim upon which relief can be granted, and that court is the proper forum.”
Cautions
A generic request for leave to amend did not avoid futility when the plaintiffs neither proposed amendments nor explained how they would cure settled legal defects.
“This failure to specify how amendment would cure the fundamental deficiencies in their pleading, especially when the core of Plaintiffs’ claims is so clearly foreclosed by settled law, supports the district court’s determination that amendment would be futile.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because the dismissal with prejudice was erroneous, we VACATE and REMAND. ... we find that the district court abused its discretion when it dismissed Welsh's case with prejudice without giving him the chance to reject or accept the dismissal. ... Accordingly, we VACATE the district court's order and REMAND for further proceedings consistent with this opinion.”
“The majority of our colleagues have thus grievously failed to do what should have been done: Take up this case, apply the longstanding protections of the First Amendment, and conclude, as the district court did, that Doe's lawsuit against DeRay Mckesson should be dismissed.”
“For these reasons, we AFFIRM IN PART as to the dismissal of the majority of Smith's claims. We VACATE and REMAND as to Smith's due process claim of unlawful bodily restraint against Defendants McMichael, Chastain, and Savoie.”
“Because the district court erred in ‘decoupling’ the evidence when considering Byrd's motion for JMOL, we REVERSE the district court's judgment on that issue and REMAND for reinstatement of the jury's verdict and entry of judgment thereon. The district court's judgment is AFFIRMED in all other respects.”
“For the forgoing reasons, we dismiss Phillips's appeal to the extent he challenges the district court's finding of genuine disputes of fact. We affirm in all other respects.”
“Accordingly, we affirm the district court's decision to grant the officers' motion for judgment on the pleadings on the basis of qualified immunity... For these reasons, we AFFIRM the district court's judgment.”
“We find that Markos' speech involved a matter of public concern. The district court's order granting summary judgment is REVERSED, and this case is REMANDED for proceedings consistent with this opinion.”
“For these reasons, the judgment of the district court is reversed, and the case is remanded for further proceedings consistent with this opinion.”
“For the reasons assigned, the judgment of the district court upholding the arbitrators' award is AFFIRMED.”
“For these reasons, we VACATE the district court's dismissal with prejudice and REMAND with instructions to dismiss Bargher's action without prejudice to his ability to timely refile.”
“We vacate the district court's dismissal order and transfer Griffin's case back to the U.S. District Court for the Middle District of Pennsylvania. Griffin stated a claim upon which relief can be granted, and that court is the proper forum.”
“We AFFIRM the convictions of all Appellants and AFFIRM the sentences of Appellants Booker, Harden, and Romans... we VACATE Moseby's sentence and REMAND for resentencing.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a federal trial caseload; not enumerated. Dennis's only prior judicial service was in the Louisiana state courts before his 1995 appointment.
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