Robert Manley Parker

U.S. Court of Appeals for the Fifth Circuit circuit Deceased · served 1994–2020 Appointed by William J. Clinton 25 signed orders read

Judge Parker no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Parker decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Treats the failure-to-settle tort as requiring both negligent nonsettlement and a later legal injury to the insured.

“A Stowers claim requires both an insurer’s negligent failure to settle, and subsequent harm or legal injury to the insured.”

Places the burden on an agency to support a challenged safety regulation with substantial evidence.

“The burden is on OSHA to show, on the basis of substantial evidence, the need for the challenged regulation.”

Procedural preferences

Reserves appellate dismissal of a nondiverse party for careful, uncommon use.

“Although we hold that the courts of appeals have the authority to dismiss a dispensable nondiverse party, we emphasize that such authority should be exercised sparingly.”

Requires a clear record and inadequacy of lesser sanctions before dismissal with prejudice.

“the trial court's discretion is limited to the application of lesser sanctions designed to achieve compliance with court orders and expedite proceedings.”

Cautions

Declines personal jurisdiction based only on a website that merely advertises rather than conducting business with forum residents.

“passive websites, personal jurisdiction is not appropriate.”

Recognizes the rare case in which evidence of pretext still does not reasonably support an inference of discrimination.

“However, there is insufficient evidence to support a reasonable infer-encé of discrimination.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. Hayes
· 1994-09-01
Appeal (criminal defendant appellant) Granted

“VACATED and the case is REMANDED for resentencing.”

United States v. Smith
· 1994-09-16
Appeal (criminal defendant appellant) Granted

“REVERSE the District Court's order denying Smith's Motion”

Hayes v. United States Ex Rel. U.S. Department of Army
· 1995-02-15
Appeal (Federal Tort Claims Act plaintiff appellant) Denied

“AFFIRM the district court's dismissal”

prod.liab.rep. (Cch) P 14,151 Cleveland London v. Mac Corporation of America
· 1995-02-13
Appeal (products-liability plaintiff appellant) Denied

“the judgment of the district court is AFFIRMED.”

Hernandez-Ramos v. United States Parole Commission
· 1995-04-11
Petition for review (transferred prisoner petitioner) Moot / procedural

“the Petition for Review of Transfer Treaty Determination is DISMISSED.”

Neals v. Norwood
· 1995-07-28
Appeal (state prisoner appellant) Denied

“We AFFIRM the dismissal of Neals's action”

United States v. Parker
· 1995-08-22
Appeal (criminal defendant appellant) Granted

“Parker’s conviction is VACATED, and the case is REMANDED to the district court for further proceedings consistent with this opinion.”

Elliott v. Tilton
· 1995-11-07
Appeal (civil plaintiffs seeking rehearing) Moot / procedural

“We therefore REMAND the case to the district court.”

Ontiveros v. Asarco Inc.
· 1996-05-29
Appeal (employer appellant) Granted

“The denial of Defendant’s motion for judgment as a matter of law as to liability is therefore REVERSED.”

United States v. Rusk
· 1996-09-26
Appeal (criminal defendant appellant) Denied

“The district court's denial of Rusk's motion is therefore AFFIRMED.”

United States v. Charles Parker, Jr.
· 1997-01-14
Appeal (criminal defendant appellant) Granted in part

“AFFIRMED IN PART, REVERSED IN PART, VACATED and REMANDED.”

Bann v. Ingram Micro, Inc.
· 1997-03-28
Appeal (employment plaintiff appellant) Granted

“REVERSED AND REMANDED.”

A historical record

Judge Parker 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.