Walter C. Lindley
How Judge Lindley rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Lindley no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lindley decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Lindley treated unreliable hearsay in an administrative record as prejudicial when it deprived the affected person of a fair hearing.
“plaintiff was not afforded a fair hearing.”
He confined appellate review to issues actually presented and refused to decide the merits of a claim that the lower court had not adjudicated.
“We do not pass upon the validity of the claim. As the merits have never been presented, they are beyond the purview of this disposition.”
Lindley would not use an affidavit submitted on summary judgment to decide a contested factual issue at trial when the affidavit had never been admitted into evidence.
“Such an affidavit may be received in support of a motion for summary judgment for the very limited purpose of determining whether an issue of fact exists, but it can not be used to decide a contested issue of fact.”
Lindley treated a private informant as unable to prosecute a criminal-contempt matter after bringing the alleged contempt to the court's attention.
“a private person, as informant, is not a proper party to a criminal contempt proceeding.”
On a second appeal without new evidence, Lindley required the district court to follow the issues decided in the first appeal rather than reenter its original ruling.
“It is beyond all question, we think, that matters decided on appeal constitute the law of the case where no additional evidence is received.”
Cautions
He valued finality but would not use it to deny parties a chance to litigate validity and infringement against defendants who had not participated in the earlier case.
“there should be an end to litigation. But this beneficent result cannot be attained at the expense of depriving plaintiffs of the right to show, if they can, that, as against defendants who have not previously been in court, the patent is valid and infringed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment is reversed, and the cause remanded for further proceedings consistent with this opinion.”
“the decision is reversed and remanded for further proceedings in accord with this opinion.”
“the judgment from which this appeal was taken be and it is hereby affirmed.”
“Each of the judgments of the Tax Court is reversed. Each of the causes is remanded for further proceedings in accord with the announcements herein contained.”
“The order of November 17, 1955, from which the appeal is taken, is declared void and vacated and the cause remanded to the district court with directions to proceed to determine the merits of appellant’s claim for lien after the issues pertaining thereto have been properly joined.”
“The judgment is reversed for further proceeding consistent with this opinion.”
“The petition for review is denied and the judgment of the Tax Court affirmed.”
“The order is reversed and remanded, with directions to proceed in accord with the announcements contained herein.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a single assigned trial caseload.
A historical record
Judge Lindley 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.