Henry Luesing Brooks
Judge Brooks no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Brooks decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Upholds a jury verdict when the record as a whole contains sufficient evidence after factual conflicts are resolved.
“there was insufficient evidence upon the record as a whole to support its verdict.”
Places a heavy proof burden on the party challenging an issued patent's validity.
“a heavy burden of proof rests on the party attempting to prove invalidity.”
Treats a clear instruction to disregard erroneously admitted evidence as ordinarily curing the error.
“The general rule is that the subsequent striking of erroneously admitted evidence accompanied by a clear and positive instruction to disregard it cures the error”
Procedural preferences
Requires factual disputes bearing on copyright and copying to be resolved at trial rather than by summary judgment.
“there are genuine issues of material fact”
Determines at the outset whether a putative class action satisfies the requirements for class treatment.
“it must be first determined whether, in fact, this action is properly brought as a class action.”
Places a heavy burden on a habeas petitioner asserting ineffective assistance of counsel.
“[t]he burden on the Appellant to establish his claim of ineffective assistance of counsel is heavy.”
Cautions
Treats suspension of a criminal sentence without probation as legally ineffective.
“Judgment which suspends sentence without imposing probation is improper and is a nullity.”
Distinguishes contract and negligence theories because they impose different burdens of proof.
“contract principles correctly applied impose different standards of proof than negligence principles.”
Rejects damages that would require the jury to rely on speculation or guesswork.
“there was no probative evidence that permitted the jury to resort to other than sheer speculation or guesswork”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment of conviction is affirmed and the case remanded for further proceedings consistent with this opinion.”
“The order granting the writ of habeas corpus is vacated and this proceeding is remanded to the District Court with instructions to dismiss the petition.”
A historical record
Judge Brooks 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.