Elwood Hamilton
Judge Hamilton no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hamilton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Applies unambiguous statutory text as written without adjusting it for perceived inequity or expediency.
“A taxing statute must be taken as it stands and where the language is plain and unambiguous as here, there is no ground for addition or subtraction.”
Reads related writings together when they collectively establish definite contractual terms.
“A binding agreement between parties may be connoted from several different writings which, when connected, show the subject matter, terms and consideration and all of the papers in the series, if not in conflict, constitute the terms of the contract.”
Procedural preferences
Keeps core reorganization disputes in bankruptcy court when state-court proceedings would fragment and delay the case.
“It would result in the Bankruptcy Court retaining the shell and releasing the kernel of the controversy to the state court for final decision.”
Limits habeas relief to defects that undermine the judgment rather than ordinary trial errors reviewable on appeal.
“Such a proceeding may not be resorted to for the correction of errors of law which do not vitiate the judgment.”
Cautions
Declines to add a negligence limitation that Congress did not place in a tax statute.
“The word “omits” is in no way qualified by the context of the Revenue Act.”
Distinguishes an independently hired towing company from the vessel owner when allocating liability for negligent navigation.
“The relationship which the towing company bore to the interstate company was that of independent contractor.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The order of the Board is reversed and the cause remanded for further proceedings consistent with this opinion.”
“The order of the Board is reversed and the cause remanded for further proceedings consistent with this opinion.”
“Judgment reversed and cause remanded for further proceedings consistent with this opinion.”
A historical record
Judge Hamilton 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.