John Milton Bryan Simpson
Judge Simpson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Simpson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Reads commercial law in its factual business setting and treats trade usage as a fact-dependent inquiry.
“This Section is evidence of an attempt by the framers of the Code to provide a flexible and sympathetic legal background for commercial dealings, and of the importance of a court’s determining the factual context of a business transaction.”
Places a heavy burden on a taxpayer claiming that an Internal Revenue Service summons has lost its civil investigatory purpose.
“To establish the defense the taxpayer must show that the IRS, as an institution, has abandoned pursuit of civil tax liability, a heavy burden which rests squarely on the shoulders of the taxpayer.”
Procedural preferences
Requires an evidentiary hearing when a prisoner's allegations, if proved, would establish entitlement to collateral relief.
“Conversely stated, where petitioner’s allegations, if proven would entitle him to relief, he is entitled to an evidentiary hearing and an opportunity to prove the truth of the matters asserted.”
Leaves the choice between a full hearing and available discovery methods to the district judge when factual development is required.
“Whether these claims should be graced .with a full-fledged evidentiary hearing or disposed of by utilization of tbe wide variety of available discovery techniques is a matter properly to be decided by the District Judge.”
Cautions
Assesses prospective labor injunctions through the employer's prior conduct and the reliability of promises to comply.
“We have held that the two factors properly to be considered in determining whether a permanent injunction should be granted are the previous conduct of the employer and the dependability of his promises for future compliance.”
Construes procedural receipt of an appellate mandate by its ordinary filing mechanics rather than equating receipt with a later judicial order.
“In short, greater violence is done to the plain meaning of language by attempting to equate “receipt of mandate” with “issue an order on mandate” than by construing “court” to mean “clerk of court”, the actual recipient of the mandate, and of course the functionary with whom papers are customarily and historically filed and docketed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Affirmed in part; vacated in part.”
“Affirmed in part, reversed and remanded in part.”
“Reversed and remanded with directions.”
“Reversed and remanded for further proceedings.”
A historical record
Judge Simpson 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.