Archibald Kenneth Gardner
Judge Gardner no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gardner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Gardner resolved ambiguous insurance language in favor of the insured.
“the terms of the policy were ambiguous as to the matter of coverage involved and left that matter in doubt.”
He treated a party's signed statement against its interest as competent evidence on a disputed factual issue.
“contained admissions against interest material to a vital question of fact in this case and we think its exclusion was clearly prejudicial.”
Procedural preferences
He declined to decide merits issues on an interlocutory injunction record before the parties had presented their complete proof.
“the merits of the crucial issues not having been determined by the trial court, we should not pass upon them'.”
He required contractors to use an agreed administrative process before bringing contract claims to court.
“that procedure must be pursued and exhausted before a contractor can be heard to complain in a court.”
Cautions
He required specific and timely objections to jury instructions so the trial court had an opportunity to correct an error.
“Had this error been called to the attention of the court, it could readily have been cured”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We are in entire accord with the trial court’s opinion, reported in 174 F. Supp. at page 648, as Nielson v. Travelers Indemnity Company, and by reference we adopt the same as the opinion of this court and affirm the judgment appealed from on the grounds stated in the trial court’s opinion.”
“We conclude that the court’had jurisdiction to enter the order appealed from and it is therefore affirmed and the cause is remanded to the trial court for further proceedings.”
“We think there was no error in admitting evidence of defendant’s confession and the judgment appealed from is therefore affirmed.”
“The judgment appealed from is therefore affirmed.”
“The judgment appealed from is therefore affirmed.”
“The orders granting temporary mandatory injunction are affirmed and the causes remanded to the trial court for further proceedings not inconsistent with this opinion.”
“The decision of the Tax Court is therefore affirmed.”
“The judgment appealed from is therefore reversed and the cause is remanded to the trial court with directions to grant plaintiff a new trial.”
“The court was therefore correct in dismissing the case for want of jurisdiction and the judgment appealed from is affirmed.”
“The judgment is therefore affirmed.”
“The order appealed from is therefore affirmed.”
“The order dismissing count two of plaintiff’s complaint is reversed and the order striking the allegations of counts one and two, by which plaintiff sought to recover damages for mental anguish and distress of body and mind, is vacated and the cause is remanded for further proceedings not inconsistent with this opinion.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Gardner 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.