Roy Laverne Stephenson

U.S. Court of Appeals for the Eighth Circuit circuit Retired 1982 · served 1971–1982 Appointed by Richard Nixon (Republican) 30 signed orders read

Judge Stephenson no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Stephenson decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Stephenson required meaningful adversarial testing when disputed facts could determine an administrative result.

“At some point in the administrative process the employer is entitled to have an opportunity to present the evidence upon which he relies and to question the evidence upon which the Board relies, and to submit this evidence for consideration by the Board and by this court in proceedings to enforce or set aside the Board’s order.”

He evaluated disability evidence as an individualized account of the claimant's overall condition rather than as an abstract diagnosis.

“Different people react in markedly different ways to similar injuries.”

Procedural preferences

He treated back pay under section 1981 as legal damages within a jury's practical competence.

“We conclude that back pay or lost wage determinations are inherently in the nature of legal damages.”

He required unions to justify use of appointment powers that displaced regular employees.

“We hold that a union cannot exercise its appointment of steward power to cause the layoff of a regular employee absent legitimate and substantial reasons for doing so, and conclude the Union has not made the required showing here.”

Cautions

He rejected agency inferences that lacked a substantial evidentiary foundation.

“Inferences cannot be based purely on speculation.”

He required judicial supervision when grand-jury material was disclosed for civil enforcement.

“Congress recognized this in amending Rule 6(e) and, accordingly, authorized judicially supervised disclosure of grand jury materials to government agency personnel for civil law enforcement purposes.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

National Labor Relations Board v. Transport, Inc. of South Dakota
453 F.2d 193 · 1971-12-28
Petition for review (National Labor Relations Board petitioner) Granted

“Enforcement of the order is granted in full.”

National Labor Relations Board v. Piggly Wiggly Red River Company, Inc.
464 F.2d 106 · 1972-07-12
Petition for review (National Labor Relations Board petitioner) Denied

“Enforcement is denied.”

National Labor Relations Board v. Polytech, Inc.
469 F.2d 1226 · 1972-12-08
Petition for review (National Labor Relations Board petitioner) Granted in part

“The Board’s order is hereby enforced, except with respect to its finding of violation of Section 8(a)(5) by Respondent in refusing to honor the collective bargaining agreement.”

Mandina v. United States
472 F.2d 1110 · 1973-02-08
Appeal (defendant appellant) Denied

“Affirmed.”

United States v. Conley
503 F.2d 520 · 1974-10-03
Appeal (defendant appellant) Granted

“Reversed and remanded for new trial.”

National Labor Relations Board v. Broyhill Company
514 F.2d 655 · 1975-05-01
Petition for review (National Labor Relations Board petitioner) Granted

“The Board order is enforced.”

Moses v. Falstaff Brewing Corporation
525 F.2d 92 · 1975-11-04
Appeal (employment plaintiff appellant) Granted

“We reverse and remand for trial.”

May Department Stores Company v. Williamson
549 F.2d 1147 · 1977-02-07
Appeal (judgment creditors appellants) Granted

“Reversed.”

United States v. DiGirlomo
550 F.2d 404 · 1977-03-01
Appeal (government appellant) Granted

“The judgment is vacated and the cause is remanded for further proceedings consistent with this opinion.”

Atchison, Topeka and Santa Fe Railway Company v. Belt
549 F.2d 1196 · 1977-03-03
Appeal (railway appellant) Granted

“Reversed.”

National Labor Relations Board v. Midwest Hanger Company
550 F.2d 1101 · 1977-03-03
Petition for review (National Labor Relations Board petitioner) Granted in part

“We enforce in part and remand in part.”

Russell Stover Candies, Inc. v. National Labor Relations Board
551 F.2d 204 · 1977-03-14
Petition for review (employer petitioner) Denied

“The Board’s order is hereby enforced.”

Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Stephenson 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.