Henry Luesing Brooks

How Judge Brooks rules, drawn from 25 signed orders. Every observation links to the order it came from.

Judge Brooks no longer hears cases. This profile is preserved as a historical record of how they ruled here.

Court
U.S. Court of Appeals for the Sixth Circuit
Position
Circuit judge
Status
Deceased
Served
1969–1971
Appointed by
Richard Nixon (Republican)
Commissioned
December 11, 1969
Education
University of Wisconsin, A.B., 1927; Jefferson School of Law, LL.B., 1929
Signed orders read
25

About Judge Brooks

Henry Luesing Brooks was a judge of the United States Court of Appeals for the Sixth Circuit. Appointed by President Richard M. Nixon, Judge Brooks received a commission on December 11, 1969. Judge Brooks previously served on the United States District Court for the Western District of Kentucky, commissioned there on August 21, 1954. Judge Brooks served until death on December 30, 1971.

How Judge Brooks decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Holt's insurance bad-faith appeal, he affirmed the jury's verdict because the record contained sufficient evidence once jurors resolved conflicts in the testimony.

“It cannot be said that once the jury resolved the conflicts in testimony there was insufficient evidence upon the record as a whole to support its verdict.”

In Westwood Chemical's patent appeal, he upheld the district court's invalidity ruling on the patent claims in issue despite the patent holder's challenge to the proof.

“a heavy burden of proof rests on the party attempting to prove invalidity.”

In Barbara's habeas case, he held that the trial court's instruction to disregard improper testimony cured the error and directed dismissal of the petition.

“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

In Monogram Models' copyright dispute, he vacated summary judgment because material facts about the model kits and alleged copying remained in dispute.

“there are genuine issues of material fact”

In Caldwell's school-discrimination appeal, he examined whether the purported statewide class satisfied Rule 23 before addressing the named parties' claims.

“it must be first determined whether, in fact, this action is properly brought as a class action.”

In Holnagel's habeas appeal, he affirmed denial of relief because the record did not establish that counsel's error rendered the guilty plea invalid.

“It is implicit in the conclusions of both the state court and the District Court that petitioner failed to sustain this burden. We agree.”

Cautions

In Fried's bank-larceny appeal, he remanded to correct a sentence suspension entered without probation while affirming the convictions.

“Judgment which suspends sentence without imposing probation is improper and is a nullity.”

In the Gyda cargo-damage suit, he distinguished contract from negligence standards but held the ship damage too unforeseeable to impose contract liability on National Cargo.

“contract principles correctly applied impose different standards of proof than negligence principles.”

In Kozar's railway-death suit, he vacated a $5,000 damages award because the claimants' expected pecuniary loss lacked probative evidence.

“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.

Freed v. Erie Lackawanna Railway Co.
· 1971-07-16
Appeal (appellant) Denied

“Affirmed.”

Holnagel v. Kropp
· 1970-05-27
Appeal (appellant) Denied

“Affirmed.”

Parshay v. Buchkoe
· 1970-06-26
Appeal (appellant) Denied

“Affirmed.”

Holt v. Continental Insurance Co.
· 1971-03-30
Appeal (appellant) Denied

“The judgment is affirmed.”

Byrum v. United States
· 1971-04-08
Appeal (appellant) Denied

“The judgment is affirmed.”

United States v. Dudley
· 1971-02-03
Appeal (appellant) Denied

“The judgment is affirmed.”

United States v. May
· 1970-09-02
Appeal (appellant) Denied

“The judgment of conviction is affirmed.”

Consumers Power Co. v. United States
· 1970-06-05
Appeal (appellant) Granted in part

“Affirmed in part, reversed in part.”

United States v. Fried
· 1971-01-22
Appeal (appellant) Granted in part

“The judgment of conviction is affirmed and the case remanded for further proceedings consistent with this opinion.”

Stiles Contracting Co. v. Home Insurance Co.
· 1970-09-18
Appeal (appellant) Denied

“Affirmed.”

Barbara v. Johnson
· 1971-10-19
Appeal (appellant) Granted

“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.”

Carruba v. Transit Casualty Co.
· 1971-05-27
Appeal (appellant) Denied

“The judgment is affirmed.”

A historical record

Judge Brooks no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.