Michael Yale Scudder Jr.
How Judge Scudder rules, drawn from 50 signed orders. Every observation links to the order it came from.
How Judge Scudder decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
At the panel level, he treats circuit precedent as controlling and directs parties seeking a change to en banc or Supreme Court review.
“They can ask our full court to revisit our position or seek Supreme Court review. But, as a panel, our only course is to affirm.”
For genuinely unsettled state-law questions, he uses certification to the state's highest court and then applies that court's answer to the dispute before him.
“Because Delaware law governs the RSU Agreements, we certified two questions to the Delaware Supreme Court seeking guidance on the enforceability of forfeiture-for-competition provisions.”
Procedural preferences
He favors resolving an appeal on a narrow preserved ground rather than reaching a broader constitutional question that the case does not require.
“In the final analysis, then, we AFFIRM and leave for another day the sure-to-come challenging questions about how Second Amendment standards after Heller and Bruen interact with applications of Terry on facts not far from those presented here.”
An appellant challenging an administrative decision must engage the record and show a lack of substantial evidence, not merely criticize the order's reasoning.
“It is not enough to nitpick the ALJ’s order. To warrant reversal, Morales must show that the ALJ’s determination was not supported by substantial evidence.”
Cautions
Persistent noncompliance with an agency or court order can produce contempt, fees, and escalating coercive fines that remain avoidable only through prompt compliance.
“Parties ignore court orders at their peril. This is true in civil and criminal litigation, and this opinion reinforces that the point applies with full force to orders of the National Labor Relations Board.”
Briefs must be checked for factual and legal accuracy; citation errors that do not alter the result may still prompt a public warning about counsel's professional obligations.
“the court expects members of our bar to exercise care and diligence in preparing their briefs to en- sure complete factual and legal accuracy.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We therefore reverse the district court's entry of summary judgment for Rutledge on LKQ's claim that he breached the RSU Agreements. ... For these reasons, we REVERSE the district court's entry of summary judgment for Rutledge on LKQ's claim that he violated the RSU Agreements.”
“We have no difficulty affirming, as abundant evidence supports that decision. ... For these reasons, we AFFIRM.”
“In the final analysis, then, we AFFIRM and leave for another day the sure-to-come challenging questions about how Second Amendment standards after Heller and Bruen interact with applications of Terry on facts not far from those presented here.”
“We therefore hold Haven in contempt. ... We also order Haven to pay a fine of $1,000, as well as a fine of $150 per day for every day of the next week that Haven fails to comply.”
“National Casualty and Nationwide now appeal the district court's order granting Continental's motion to compel arbitration under the Federal Arbitration Act. Because our precedent required that outcome, we affirm. ... For these reasons, we AFFIRM.”
“For these reasons, we VACATE and REMAND for further proceedings.”
“For these reasons, we REVERSE and REMAND for proceedings consistent with this opinion.”
“So, while this case is plenty messy, in the end we affirm.”
“In the end, Groves’s case suffered from a failure of proof—he alleged a theory and account of reverse race discrimination but ultimately never backed it with enough evidence to allow a jury to find in his favor. For these reasons, we AFFIRM.”
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