David Aldrich Nelson
Judge Nelson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Nelson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Reads the bankruptcy cure statute to make the foreclosure sale the event that ends a debtor's right to cure a home-mortgage default through a plan.
“§ 1322(c)(1) unambiguously designates the foreclosure sale itself as the event that terminates a Chapter 13 debt- or’s right to cure a home mortgage default”
Uses decisions under one disability statute as guidance when two statutory schemes share largely the same standards.
“the two Acts have largely the same standards, "cases construing one statute are instructive in construing the other.””
Allows a disability-discrimination plaintiff to explain why benefits statements are not necessarily inconsistent with ability to perform the job.
“the statements made by the plaintiff in his application for social security disability benefits were not necessarily inconsistent with the claim that he could do his job.”
Procedural preferences
Declines interlocutory qualified-immunity jurisdiction when the district court identified a genuine factual dispute and defendants did not accept the plaintiff's version.
“Because the district court found there to be a genuine issue of material fact”
Does not impose procedural default merely because a habeas petitioner omitted claims from discretionary state-supreme-court review where state rules make that step unnecessary.
“the failure of the petitioner herein to raise his ineffective assistance claims before the state supreme court did not result in a procedural default.”
Requires consideration of whether personal hearing notice was practicable when only counsel received written notice.
“Written notice had been served on the petitioner’s lawyer, but had not been served on the petitioner in person—as it should have been, under the applicable statute, if practicable.”
Cautions
Requires evidence from which a jury could find the employer's explanation was pretextual.
“the plaintiffs failed to produce the necessary evidence of pretext”
Enforces a guarantee at summary judgment when undisputed contract facts establish the principal debtor's default.
“the undisputed facts, taken in the light of the debt- or’s contract with Non Wovens, compel a determination of default.”
Grants qualified immunity when the public employee was not deprived of the asserted constitutional interest.
“We conclude that she was not, and we shall therefore reverse the denial of qualified immunity.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The decision of the district court is REVERSED, and the case is REMANDED with instructions to dismiss the petition.”
“The denial of qualified immunity is therefore REVERSED, and the ease is remanded for further proceedings consistent with this opinion.”
“Accordingly, the judgment is AFFIRMED as to subclaims (1), (3), (6), and (7) and REVERSED as to subclaims (2), (4), (5), and (8), with the case being REMANDED for consideration of the latter on their merits.”
“The order of dismissal is REVERSED, and the case is REMANDED to the district court for further proceedings not inconsistent with this opinion.”
A historical record
Judge Nelson 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.