Bailey Brown
Judge Brown no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Brown decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires the nonmoving party at summary judgment to produce specific facts showing a genuine material dispute.
“The nonmoving party then bears the burden of producing specific facts which demonstrate a genuine issue of material fact necessitating a trial.”
Sustains relevant-conduct findings at sentencing when the government proves participation by a preponderance of the evidence.
“the government showed, by a preponderance of the evidence, that Wilson participated in the drug sales”
Enforces a voluntary racing release against a gross-negligence claim on the reviewed record.
“we find that Donegan waived his right to sue for gross negligence”
Procedural preferences
Requires an evidentiary hearing when identification evidence may present a substantial likelihood of irreparable misidentification.
“considering the totality of the circumstances, there existed a very substantial likelihood of irreparable misidentification”
Ordinarily declines to consider an issue omitted from the appellant's opening brief.
“We normally decline to consider issues not raised in the appellant’s opening brief”
Requires a district court on remand to implement both the appellate mandate and the law of the case.
“The court had a duty to assess the law of the case and then handle the complaint accordingly, thus carrying the appellate mandates into effect.”
Cautions
Applies issue preclusion only after separately testing identity, actual litigation, and necessity to the prior judgment.
“The doctrine of collateral estoppel, or issue preclusion, applies if three requirements are met.”
Rejects election advocacy that asks employees to vote on the basis of invidious racial prejudice.
“members of one race should not be persuaded to vote for or against a union on the basis of invidious prejudices they might have against individuals of another race.”
Adheres to statutory text even when the resulting tax framework is disorderly.
“We cannot contradict the statute's plain language in an effort to impose order in the sometimes-chaotic world of the tax code.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the aforementioned reasons, we AFFIRM the judgment of the district court.”
“We AFFIRM the part of the district court’s order which stays proceedings in that court. We REVERSE the part of the order which compels the University to resume the processing of Wedding’s grievance. We REMAND the case to the district court for the entry of an order consistent with this opinion.”
“Because there is no genuine issue of material fact, and the company was entitled to judgment as a matter of law, we AFFIRM the judgment of the district court.”
“The judgment of the district court is therefore vacated and the cause remanded to the district court for proceedings consistent with this opinion.”
“For the forgoing reasons, we REVERSE in part and AFFIRM in part the judgments of the district court. We REMAND these cases for the entries of judgments consistent with this opinion.”
“The judgment of the district court is therefore vacated and the case is remanded for further proceedings consistent with this opinion.”
“Because we agree with the district court’s conclusions that this case sounds in contract and must be decided under Pennsylvania law, we AFFIRM.”
“For the reasons set out above, we AFFIRM the decision of the district court.”
“For the reasons set out above, we AFFIRM the judgment of the district court.”
“Because the services which Ms. Salyer provides for her husband fall squarely within the “companionship services” exemption from the FLSA, we AFFIRM.”
“The district court’s grant of summary judgment in favor of the defendants is AFFIRMED.”
A historical record
Judge Brown 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.