Gilbert H. Jertberg
Judge Jertberg no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Jertberg decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In labor cases, Jertberg examined the whole bargaining record when deciding whether substantial evidence supported an administrative finding.
“In the instant case the record as a whole abundantly supports the inference which was drawn by the trial examiner and affirmed by the Board that respondent refused to bargain with the union in good faith.”
For searches near a residence, he focused on the privacy the resident actually sought to preserve rather than relying solely on property-boundary labels.
“whether an inspection adjacent to a house is constitutionally forbidden “turn[s] upon the degree of privacy a resident is seeking to preserve as shown by the facts of the particular case, rather than upon a resort to the ancient concept of curtilage.””
Procedural preferences
Jertberg treated finality as a prerequisite to appellate review and declined piecemeal appeals from evidentiary rulings.
“The denial of appellant’s motion is essentially an evidentiary ruling. A litigant may not appeal each adverse evidentiary ruling separately and by itself.”
He required collateral petitioners to identify concrete prejudicial error rather than rely on conclusory allegations.
“His allegations are purely conclusionary.”
Cautions
He treated wage-restraint relief as serving public enforcement goals, not merely the recovery interests of individual employees.
“It must be remembered that restraining appellees from withholding the minimum wages and overtime compensation is meant to vindicate a public, rather than a private, right, and that the withholding of the money due is considered a 'continuing public offense.'”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We hold that the petition is barren of substance and the same is hereby denied.”
“The judgment of conviction is reversed and the cause remanded to the district court with instructions to grant appellant a new trial.”
“Appellant’s appeal must be and is hereby dismissed.”
“In our view, appellant’s appeal must be and is hereby dismissed.”
“The decree of the District Court dismissing Italia’s libel is set aside and the cause is remanded to the District Court with instructions to enter judgment in favor of Italia and against Oregon for the amount of the indemnity sought.”
“The petition for the enforcement of the Board’s order is granted.”
“For the reasons given in the companion case, Page v. Work, supra, the judgment of the district court in this case is likewise affirmed.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Jertberg 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.