Paul Charles Weick
Judge Weick no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Weick decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Reviews written-contract interpretation as a question of law rather than deferring under clear-error review.
“The interpretation and construction of a written contract are matters of law within the competence of the Court of Appeals to review and do not come under the clearly erroneous rule.”
Treats controlling shareholders who exercise corporate control as fiduciaries.
“It is well-settled that dominant or controlling shareholders who exercise control over a corporation are fiduciaries.”
Procedural preferences
Requires extraordinary-writ petitioners to show a clear right and the absence of another legal remedy.
“The writ may be granted only where it is clear and undisputable that there is no other legal remedy.”
Tests summary judgment against the full factual context when the governing classification is fact-dependent.
“The question whether Bohn, was transacting business in Ohio must be determined by consideration of all of the facts and circumstances of the case and applying thereto the applicable law.”
Cautions
Declines to entertain legal theories first raised on appeal.
“We see no merit in this contention which was urged for the first time in this Court.”
Requires factual allegations supporting claims of arbitrary or bad-faith union conduct rather than bare legal conclusions.
“No facts are pleaded to support the legal conclusions that the Union acted arbitrarily and in bad faith and no claim upon which relief could be granted was stated against Edison.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment of conviction is reversed and the cause remanded to the District Court for further proceedings.”
“The Petition for a Writ of Mandamus and Prohibition is dismissed.”
“The judgment of conviction is reversed and the cause is remanded to the District Court for further proceedings.”
“The judgment of the District Court is reversed and the cause remanded with instructions to determine the correct prices chargeable by Dayton to Cordovan Associates and approved distributors under the terms of the contract from June 1, 1958 to October 31, 1958-in accordance with the views herein-expressed and enter judgment accordingly.”
“The judgment of the District Court is reversed and the cause is remanded for further proceedings not inconsistent with this opinion.”
“The judgment of the District Court upholding the order of the Commission and dismissing the complaint is, therefore affirmed.”
“The judgment of the District Court is vacated and the cause remanded for further proceedings in conformity with this opinion.”
“It follows that the District Court was correct in rendering judgment in favor of the taxpayers which is hereby affirmed.”
“There being no error in the submission of the issue of negligence to the jury the judgment is affirmed.”
“The judgment of the District Court is reversed in Case No. 14790 and the cause remanded for further proceedings in conformity with this opinion. The judgment in Case No. 14823 is affirmed.”
A historical record
Judge Weick 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.