Herbert Theodore Milburn
Judge Milburn no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Milburn decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Uses equitable relief to prevent an intervening change in controlling state law from producing an unjust result.
“In our opinion justice would not be served by penalizing plaintiffs for the actions of the Ohio Supreme Court.”
Applies equitable estoppel to prevent a party from exploiting a noncontractual tax settlement after the government relied on the party's representation.
“The estoppel doctrine does not convert the Form 870-AD into a binding contract, but merely operates to avoid injustice.”
Requires proof of criminal intent before a regulatory offense may carry a serious felony penalty and reputational consequences.
“We are of the opinion that in order for one to be convicted of a felony under the MBTA, a crime unknown to the common law which carries a substantial penalty, Congress must require the prosecution to prove the defendant acted with some degree of scienter.”
Procedural preferences
Emphasizes the narrow scope of appellate review when evaluating an expert agency's interpretation of its governing statute.
“it is important to stress that the scope of our review is quite limited.”
Treats the statutory attorney-fee deadline as running when the merits judgment becomes final and unappealable.
“In our view, the thirty (30) day filing period began to run upon the entry of this court’s opinion on July 15, 1981.”
Declines to consider theories first advanced on appeal from summary judgment.
“It is fundamental that “parties cannot ... advance new theories or raise new issues in order to secure a reversal of the lower court’s” grant of summary judgment.”
Cautions
Reviews disability determinations on the whole administrative record under the substantial-evidence standard.
“The determination of whether there is substantial evidence to support the Secretary’s findings must be based on the record as a whole.”
Treats unresolved employer discretion as defeating reasonable certainty that a veteran would have received a benefit during military service.
“It follows from these cases that the discretion vested in defendant’s board of directors as to whether to award contributions prohibits a finding that the contributions would have occurred with reasonable certainty.”
Regards reinstatement as an appropriate remedy for a proven First Amendment employment violation unless concrete countervailing reasons overcome it.
“Against this background, we find the reasons advanced by the district court for denying reinstatement to be insufficient to overcome the appellant’s entitlement to reinstatement as an appropriate remedy.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated herein, the decision of the district court is Reversed and the case is remanded with instructions to grant the plaintiffs a new trial.”
“Accordingly, we Affirm the decision of the district court.”
“For the reasons stated herein, the decision of the district court is AFFIRMED.”
“Accordingly, the judgment of the district court is Affirmed.”
“Accordingly, the judgment of the Tax Court is Affirmed.”
“For the reasons stated herein, the judgment of the district court is AFFIRMED.”
“Accordingly, we hold that plaintiff's Pell Grant funds have not been specifically earmarked for education expenses by a grantor of the funds and, therefore, AFFIRM the decision of the district court.”
“Accordingly, the judgment of the district court entered on the jury verdict in favor of plaintiffs’ equal protection and loss of consortium claims is REVERSED, and the court’s grant of summary judgment in favor of defendants on plaintiff’s remaining claims is AFFIRMED.”
“The judgment of the district court dismissing the petition for habeas corpus is Affirmed.”
“Furthermore, having reviewed the district court’s decision to grant the plaintiffs’ motion for a judgment notwithstanding the verdict, along with the other issues raised by the appellant, we Affirm the decision of the district court in all respects.”
“Accordingly, the judgment of the tax court is Affirmed.”
“The judgment of the district court dismissing the petition for habeas corpus is Affirmed.”
A historical record
Judge Milburn 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.