Harvey M. Johnsen
Judge Johnsen no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Johnsen decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Declines labor-order enforcement when the asserted violation rests only on an employee poll unaccompanied by threats or promised benefits.
“has declared a violation of § 8(a)(1) to exist, on the naked basis of a poll having been taken of employees as to their union sentiment.”
Treats clear tariff language as controlling without manufacturing ambiguity.
“We fail to see even the slightest ambiguity in any of this language.”
Procedural preferences
Allows federal habeas review when the state courts appear to have closed the door and the claim was not deliberately bypassed.
“the assertion of the contention in appellant's federal habeas corpus petition would not be a “deliberate by-passing of the state court system””
Uses mandamus narrowly when the district court has properly retained jurisdiction while state-law issues are resolved.
“The petition for mandamus is accordingly denied.”
Cautions
Separates the effect of distinct tax-loss classifications and remands for recomputation under the correct statutory category.
“The order of the Board is accordingly reversed, and the case is remanded for re-determination of the deficiencies owing on the basis of the deductions allowable under section 117 of such Revenue Acts.”
Rejects efforts to expand a prior appellate mandate beyond the relief actually directed.
“The motion of appellant and the petition of appellee are hereby in all respects severally denied. Mandate is directed to be issued forthwith.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“On the basis of our opinion in the Northern Pacific case, the judgment is affirmed.”
“The matter is controlled by the effect of our decision in No. 12,791. The order of the District Court is affirmed.”
“The judgment of the trial court is clearly correct and is affirmed.”
“The order of the Board is accordingly reversed, and the case is remanded for re-determination of the deficiencies owing on the basis of the deductions allowable under section 117 of such Revenue Acts.”
“The judgment is accordingly affirmed.”
“The motion of appellant and the petition of appellee are hereby in all respects severally denied. Mandate is directed to be issued forthwith.”
A historical record
Judge Johnsen 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.