Harry Phillips
Judge Phillips no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Phillips decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Enforces an administrative labor order when the Board's findings are supported by substantial evidence on the whole record.
“We find that the decision and order of the Board are supported by substantial evidence on the record as a whole and that enforcement should be granted.”
Treats commercial success as insufficient to establish patentability without invention.
“Commercial success without invention does not make patentability.”
Treats a county as a citizen of its state for purposes of diversity jurisdiction.
“for purposes of diversity jurisdiction a county is a citizen of the State in which it is located.”
Procedural preferences
Rejects summary judgment when the record presents genuine disputes of material fact.
“the record in the present case presents genuine issues of material facts and that the District Court erred in granting summary judgment.”
Does not treat a state rehearing petition as exhaustion of a separate post-conviction remedy.
“A petition for rehearing on an appeal from an order revoking probation does not constitute exhaustion of State remedies for post conviction relief.”
Requires a railroad employee to exhaust administrative remedies before pursuing a wrongful-discharge action.
“appellant, without exhausting his administrative remedies, brought this suit.”
Cautions
Declines a statutory construction that would effectively rewrite a legislative enactment.
“We are unwilling to adopt the statutory construction urged upon by appellants, which in practical effect would constitute a judicial amendment to a legislative enactment”
Applies controlling Supreme Court precedent unless that Court modifies or overrules it.
“Supreme Court decisions, until overruled or modified, are binding on this Court and must be followed.”
Limits judicial review of a civil-service discharge to procedural and statutory compliance rather than the agency's exercise of discretion.
“The judicial function is to determine whether there has been substantial compliance with applicable procedures and statutes, and not to review the administrative determination as to the wisdom or good judgment of the agency in exercising discretion.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The company’s petition to review and set aside the order of the Board is denied. Enforcement is granted.”
“Reversed and remanded with instructions to enter summary judgment for defendant.”
A historical record
Judge Phillips 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.