Florence Ellinwood Allen
Judge Allen no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Allen decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Favors reopening a record when missing evidence is material, readily available, and necessary to reach a fair result.
“The rules which are to govern the admission of evidence before the Board are the rules of common sense and fair play.”
Sends fact-dependent accidental-death questions to the jury when competing reasonable inferences remain.
“The case presents several questions of fact which required submission to the jury:”
Procedural preferences
Requires a present controversy before exercising declaratory-judgment jurisdiction.
“The controversy which gives jurisdiction to the federal court under the Declaratory Judgment Act does not arise where one claiming that a right or interest is invaded by another has not chosen to assert his right.”
Enforces statutory permission requirements for discretionary appeals to prevent delay and unnecessary appellate proceedings.
“To hold otherwise would deprive the section of its salutary force and defeat its primary purpose, which is the avoidance of frivolous appeals, and appeals for the purpose of delay.”
Cautions
Separates negligence from proximate cause and requires evidence connecting the alleged breach to the injury.
“Unquestionably the issue of proximate cause must be submitted to the jury if there is substantial evidence to support it, but if the absence of the cross-arm did not proximately cause the accident, or directly contribute thereto, the motion for directed verdict should have been sustained, whether or not the railroad company was negligent.”
Treats prejudgment attachment issued before commencement of the action as jurisdictionally ineffective.
“It was void, could not be validated by subsequent commencement of an action, and should have been discharged.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The appeal of the Referees is dismissed. The decree of the District Court dismissing the petitions of the Trustees and Receiver is affirmed.”
“The decision is reversed and the case is remanded to the Board of Tax Appeals with directions to reopen the case for the taking of further evidence and for * the redetermination of petitioner’s income for the taxable period in controversy.”
“The judgment is reversed and the cause is remanded for further proceedings in conformity with this opinion.”
“The decree is reversed, and the cause is remanded with instruction to dismiss the bill.”
“The order of the Board of Tax Appeals is affirmed for the reasons stated in its opinion. 30 B.T.A. 8.”
“The order is reversed and the case is remanded for further proceedings not inconsistent with this opinion.”
A historical record
Judge Allen 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.