Eric Chunyee Tung
How Judge Tung rules, drawn from 5 signed orders. Every observation links to the order it came from.
How Judge Tung decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Enforces a clear contractual delegation of arbitrability and reads a generic severability clause harmoniously with it.
“Simply put, the severability clause and the delegation clause are not at odds; both can be given effect.”
Evaluates consumer labels from the perspective of a reasonable consumer rather than a regulatory specialist.
“the question is what a reasonable consumer expects, not what a regulatory expert in the food-and-beverage industry knows”
Requires an employer to propose an accommodation that actually resolves the conflict between an employee's work and religious beliefs, rather than offering only a process with a limited chance of preserving employment.
“The employer has the burden of proposing a reasonable accommodation that eliminates a conflict between the employee’s job and his religious beliefs”
Procedural preferences
Resists procedural devices that would bind absent arbitration claimants without the safeguards or consent associated with class or bellwether proceedings.
“That is a class action stripped of all its important protective features.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We remand the matter to the district court with instructions to grant the motion to compel and to stay the case pending the completion of arbitration proceedings. REVERSED AND REMANDED.”
“We reverse the judgment of the district court and remand for further proceedings consistent with this opinion. REVERSED AND REMANDED.”
“For the reasons above, we reverse the district court's judgment dismissing Plaintiff's complaint with prejudice, and remand for further proceedings consistent with this opinion. REVERSED AND REMANDED.”
“REVERSED AND REMANDED IN PART. AFFIRMED IN PART.”
“For the reasons discussed, we reverse the district court’s order granting summary judgment for the Department with respect to Anderson’s, DeBoer’s, and Frady’s Title VII claims and all five Employees’ WLAD claims; affirm the district court’s order granting summary judgment for the Department with respect to Lopez’s and Cherry’s Title VII claims and all five Employees’ federal and state constitutional claims; affirm the district court’s orders excluding the Employees’ three experts; affirm the district court’s issuance of the protective order; and remand for proceedings consistent with this opinion.”
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