Otto Kerner Sr.
Judge Kerner no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kerner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Kerner applied a plaintiff-favorable pleading standard and required a case to proceed when the allegations could support relief.
“if, in view of what is alleged, it reasonably can be conceived that plaintiff can upon the trial make a case which would entitle him to some relief, the complaint should not be dismissed.”
He treated summary judgment as inappropriate when the record left factual and legal issues for development.
“Hence, under the circumstances here appearing, we think the court erred in sustaining the motion for a summary judgment.”
Cautions
In assessing interstate-carrier discrimination, he focused on both unequal treatment and the transportation hazards it created.
“they describe a kind of discrimination which was not only unjust within the purview of § 216(d), but which also dangerously and unnecessarily increased the hazards of transportation.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Judgment reversed and cause remanded for further proceedings.”
“The judgment is reversed and the cause is remanded to the District Court for proceedings not inconsistent with this opinion.”
“the order of the District Court must be affirmed.”
“Judgment reversed without recovery of costs by either party.”
“The judgment of the District Court is therefore affirmed.”
“Judgment reversed, and the cause is remanded with directions to dismiss the complaint.”
“Affirmed as to the second contract, reversed as to the first contract and remanded for further proceedings as to the question of damages only.”
“Judgment reversed, and cause remanded for further proceedings.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a single assigned trial caseload.
A historical record
Judge Kerner 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.