Raymond William Gruender
How Judge Gruender rules, drawn from 57 signed orders. Every observation links to the order it came from.
How Judge Gruender decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
No contract arose from negotiations that never produced agreement on all material terms.
“Because there was not a ‘meeting of the minds as to all terms,’ we conclude that the district court did not err in finding that no contract was formed for the larger plush deal.”
An applicant's greater tenure and other credentials could not establish a promotion claim when she lacked the specific qualifications required for the position at the relevant time.
“Even if true, it would not matter. The record is clear that the position to which she applied had specific qualifications that she did not meet.”
In an insurance-cooperation dispute, Gruender required the carrier to identify the policy term the insured indisputably breached. Fact-dependent complaints about the insured's conduct could not support summary judgment without tying that conduct to an actual contractual duty.
“Unlike these cases, Amerisure cannot identify a policy term with which Cardinal indisputably failed to comply.”
In a school-poster case, Gruender looked to the government's actual access practices rather than its abstract label for the forum. Selective nonenforcement of a restrictive policy could create a limited public forum and make viewpoint-based exclusions unlawful.
“What matters is what the government actually does—specifically, whether it consistently enforces the restrictions on use of the forum that it adopted.”
At the pleading stage, Gruender preserved a claim when one plausible reading of the complaint supported liability, even if another reading favored the defendant. A complaint should plead concrete facts that permit the favorable inference without needing the court to decide which inference will ultimately prevail.
“When a complaint allows for multiple plausible readings, it should not be dismissed as long as at least one plausible reading ‘allows the court to draw the reasonable inference that the defendant is liable.’”
A later law violates the Ex Post Facto Clause when its retroactive operation increases the duration or amount of a criminal punishment, even if the change is framed as extending enforcement.
“We find that the MVRA’s application to Ellingburg increases his punishment and violates the Ex Post Facto Clause.”
Procedural preferences
A prompt instruction directing the jury to disregard an improper closing comment cured any resulting prejudice.
“The district court did just that, curing ‘any prejudice that might have been caused by the comment.’”
Dismissal for lack of subject-matter jurisdiction ordinarily had to be without prejudice.
“A district court is generally barred from dismissing a case with prejudice if it concludes subject matter jurisdiction is absent.”
Gruender presumed that a government party adequately represented a proposed intervenor's aligned public interest. Disagreement with litigation strategy, including whether to call witnesses, did not establish the strong dereliction needed for intervention of right.
“It is not sufficient that the party seeking intervention merely disagrees with the litigation strategy or objectives of the party representing its interests.”
Cautions
Factual disputes did not block summary judgment when none could change the governing outcome.
“Because none of these alleged disputes could ‘affect the outcome of the suit,’ they do not ‘properly preclude the entry of summary judgment.’”
After a retaliation verdict, Gruender required evidence that the employee actually held a good-faith belief she was reporting an unlawful employment practice. Counsel should connect the complaint to working conditions and preserve any dispute about protected activity in the jury instructions and verdict form.
“Though we do not rule out that the disparity in the facilities could affect employees too, there is simply no evidence here that Dr. Warren believed she was complaining about a discriminatory employment practice.”
Termination during protected family leave does not by itself establish interference or discrimination; counsel still needs evidence connecting the leave to the employment decision.
“the mere fact of discharge during FMLA leave by no means demands an employer be held strictly liable for violating the FMLA.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Following Krauel, we hold that contraception is not ‘related to’ pregnancy for PDA purposes because, like infertility treatments, contraception is a treatment that is only indicated prior to pregnancy.”
“the district court rejected it in the next, holding that ‘qualified immunity is not available to defendants on an FMLA claim.’ That is incorrect.”
“the right that Humes asserts was clearly established, and the district court properly denied Lieutenant Jones and Deputy Gray's motion for summary judgment asserting qualified immunity.”
“Here, Plaintiffs' central claims about the pandemic-era policies are moot because those policies are no longer in effect.”
“For the foregoing reasons, we vacate the district court's grant of summary judgment as to Pratt's federal claims, remand with instructions to dismiss Pratt's federal claims for lack of standing, and affirm the grant of summary judgment as to the state law claims.”
“For the foregoing reasons, we affirm the district court's grant of summary judgment to Ottman on Thompson's Section 1981 retaliation claim.”
“For the foregoing reasons, we affirm the denial of AEEC's motion to intervene.”
“For the foregoing reasons, we vacate the judgment of the district court and remand the case for further proceedings consistent with this opinion.”
“For the foregoing reasons, we affirm the judgment of the district court.”
“For the foregoing reasons, we reverse the district court's denial of Deputy Turner's motion for summary judgment and remand for entry of judgment in his favor.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a trial caseload; not enumerated.
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