Harry Walker Wellford
Judge Wellford no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Wellford decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Uses the text of an unambiguous trust without resorting to extrinsic evidence about the parties' later conduct.
“The language of the Trust is unambiguous, and extrinsic evidence therefore is not necessary to prove the meaning of its terms.”
Declines to create mandatory vesting for retiree welfare benefits when Congress exempted those plans from pension-style vesting rules.
“We believe that the legislature, rather than the courts, should determine whether mandatory vesting of retiree welfare benefits is appropriate.”
Treats the government's student-loan claim as accruing when it pays the lender in its role as surety-guarantor.
“the government’s right of action did not accrue, for purposes of this statute, until July of 1974.”
Procedural preferences
Expects prompt consideration of class certification when delay could moot a representative's short-lived individual claim.
“we are troubled by the egregious and unexplained delay in the handling of the motion for class certification in this case, one which well might involve a situation “capable of repetition, yet evading review.””
Dismisses election disputes that no longer present a live controversy and do not satisfy the capable-of-repetition exception.
“We accordingly dismiss this appeal.”
Cautions
Invalidates state takeover regulation that conflicts with federal tender-offer policy and burdens interstate commerce.
“We conclude that Ohio Rev.Stat. Sec. 1701.831 is unconstitutional and AFFIRM the district court's judgment that the State of Ohio is therefore enjoined from enforcing it.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the order of the district court dismissing appellant’s petition is hereby AFFIRMED.”
“The decision of the district court is affirmed, and the temporary injunction issued by the court is hereby vacated.”
“Accordingly, the judgment of the district court denying the petition for a writ of habeas corpus is Affirmed.”
“Accordingly, the decision of the district court is reversed, and judgment will be entered for appellant.”
“For the reasons indicated, we Affirm the judgment of the district court in all respects.”
“Accordingly, the conviction and sentence of appellant Fraser is AFFIRMED.”
“Accordingly, the judgment of the district court is AFFIRMED.”
“Accordingly, we affirm the thoughtful decision of the district court, concluding that the United States, as surety-guarantor, has six years after paying a claim under FISLP in which to institute suit against a defaulting borrower.”
“Accordingly, the judgment of the district court is AFFIRMED.”
“Accordingly, we AFFIRM the district court's granting of defendants' motion for summary judgment.”
“Accordingly, the judgment of the district court is Affirmed.”
“Accordingly, the judgment of the bankruptcy court is AFFIRMED.”
A historical record
Judge Wellford 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.