Edward John Leavy
How Judge Leavy rules, drawn from 30 signed orders. Every observation links to the order it came from.
Judge Leavy no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Leavy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A creditor knowingly taking an intentional act that violates the automatic stay commits a willful violation even without a specific intent to violate the stay. A claimed good-faith right to the property does not prevent compensation.
“A ‘willful violation’ does not require a specific intent to violate the automatic stay. Rather, the statute provides for damages upon a finding that the defendant knew of the automatic stay and that the defendant’s actions which violated the stay were intentional.”
When a vessel’s safety-regulation violation contributes to a seaman’s injury, comparative fault does not reduce damages under the governing federal liability rule.
“Under the facts of this case, we hold that FELA precludes the reduction of damages on the ground of comparative fault.”
Procedural preferences
After final judgment, a proposed amended complaint cannot proceed under Rule 15 alone. The movant must first reopen the judgment under Rule 59 or Rule 60.
“We hold that, after final judgment has been entered, a Rule 15(a) motion may be considered only if the judgment is first reopened under Rule 59 or 60.”
Cautions
Estoppel against the government demands more than delay or negligence. The claimant must show affirmative misconduct, serious injustice, and no undue harm to the public interest.
“[a] party seeking to raise estoppel against the government must establish ‘affirmative misconduct going beyond mere negligence’; even then, ‘estoppel will only apply where the government’s wrongful act will cause a serious injustice, and the public’s interest will not suffer undue damage by imposition of the liability.’”
The comprehensive federal employment-remedy scheme can foreclose an implied constitutional damages claim even when it leaves the employee without review of the challenged personnel decision.
“Because congressional action has not been inadvertent in providing certain remedies and denying others to judicial employees, we hold that the CSRA precludes a Bivens remedy in this case.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Thus, our injunction of March 7, 1988, is dissolved.”
“AFFIRMED IN PART; REMANDED IN PART.”
“AFFIRMED in part, REVERSED in part and REMANDED for proceedings consistent with the above.”
“REVERSED and REMANDED.”
“We therefore REVERSE and REMAND.”
“We affirm in part and reverse in part.”
“Robertson’s appeal from the judgment of the district court is dismissed.”
“The district court’s order is REVERSED.”
A historical record
Judge Leavy 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.