Benjamin Cushing Duniway
Judge Duniway no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Duniway decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In administrative review, Duniway focused on whether substantial evidence supported the agency's decision.
“The duty of the courts is only to ascertain whether substantial evidence supports the decision. If it does, the Secretary’s finding is conclusive.”
In insurance disputes, he enforced the policy's specified assignment mechanism against a secured creditor.
“A holder of a perfected security interest has no right to an indemnity under the FCIC policy unless the requirements of paragraph 8 are met.”
Procedural preferences
Duniway required district courts to explain why a partial judgment warranted immediate appeal under Rule 54(b).
“The trial court should not direct entry of judgment under Rule 54(b) unless it has made specific findings setting forth the reasons for its order.”
He resisted dismissing imperfect prisoner civil-rights pleadings with prejudice when the alleged conduct could support relief.
“this complaint alleges, albeit imperfectly, actions which, if proven, could provide some basis for at least some of the claims made.”
Cautions
Duniway distinguished invalidating unconstitutional state law from judicially creating a replacement regulatory scheme.
“It is quite another thing for a federal court to create its own reporting and filing scheme.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Board’s order is set aside. Enforcement is denied.”
“The order is reversed and the case is remanded for further proceedings consistent with this opinion.”
“Accordingly, the judgment is vacated and the case is remanded to the District Court with directions to dismiss the action as to those plaintiffs whose claims are moot, and to take such further proceedings as may be appropriate.”
“The judgment is reversed and the case is remanded for further-proceedings.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Duniway 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.