Lester LeFevre Cecil
Judge Cecil no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Cecil decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Leaves contract-linked procedural disputes to the arbitrator when they are intertwined with the underlying grievance.
“the procedural questions here involved are so intertwined with the subject matter of the disputes themselves that they must be said to grow out of them and thus must be submitted to the arbitrator.”
Affirms an administrative finding after independently examining the record for substantial evidence.
“We have carefully examined.the record in this case and conclude that the findings of the Secretary are supported by substantial evidence.”
Procedural preferences
Determines federal-question jurisdiction from the plaintiff's own statement of the claim rather than anticipated defenses.
“Whether jurisdiction exists must be determined from the complainant’s statement of his own cause of action as set forth in his complaint”
Treats an unpreserved jury-instruction objection as forfeited absent plain error.
“no objection to the charge can now be raised on appeal.”
Cautions
Warns against resolving a complex case on summary judgment unless the record clearly makes trial unnecessary.
“A summary judgment ought not be granted in lieu of a trial except where it is clearly appropriate.”
Requires more than an unexecuted intention to establish an effective change of life-insurance beneficiary.
“the evidence shows no more than an unexecuted intention on the part of the deceased. We conclude that no effective change of beneficiary from appellee, Marge Sackmann, to appellant, Stella Tester, was made.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the order of the Board (141 N.L.R.B. 1074) must be enforced. It is so ordered.”
“The judgment of the Tax Court is in all respects affirmed.”
“The judgment of the District Court is reversed and the case remanded for a new trial in accordance with the views expressed herein.”
“The order of the Board is therefore vacated and enforcement denied. In appeal No. 15743, the Teamsters, as petitioner, challenge the Board’s findings: 1. that the suspension of publication by the News from April 12 to April 14, 1962, did not constitute a threat to lock out employees in violation of Sections 8(a) (1) and 8(a) (3) of the Act; and 2. that the Free Press and the Association did not violate Sections 8(a) (1) and 8(a) (3) of the Act by implementing their agreement with the News. The petitioner concedes that its position can only be sustained in the event that the Court holds that the lockout by the News was a violation of the Act. Since we hold that this lockout was not in violation of the Act, the petition of the Teamsters is dismissed.”
“The judgment of the District Court is reversed and the case remanded with instructions to the district judge to assume jurisdiction over the cause of action set forth in the amended complaint.”
“The judgment of the District Court is in all respects affirmed.”
A historical record
Judge Cecil 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.