Herbert Young Cho Choy
How Judge Choy rules, drawn from 30 signed orders. Every observation links to the order it came from.
Judge Choy no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Choy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires a factual hearing when alleged misconduct could have changed the result of a close representation election.
“The need for a hearing is particularly great when the election is close.”
Treats a contractual right to receive stock as within federal securities-law coverage even when the right is contingent.
“there is no good reason why the attachment of a contingency to a contractual right to receive stock ‘should remove that right from securities law coverage simply because it increases the risk that [the] plaintiff will not obtain the shares.’”
Procedural preferences
Encourages the government to identify the precise statutory violation before a supervised-release revocation hearing.
“we encourage the Government generally to provide a defendant with notice of the specific statute violated.”
Applies the prison-mailbox rule while allowing the government an opportunity to rebut a prisoner’s sworn account of timely submission.
“On remand, the district court should consider whether the Government came forward with sufficient evidence to rebut Caldwell’s sworn declaration that he submitted his motion to prison officials by the February 12 deadline.”
Cautions
Later candor does not cure sworn false testimony given to obtain immigration benefits when the statute’s elements are met.
“Although her later honesty may speak of her good character otherwise, it does not remove her from the ambit of the statute.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, we AFFIRM, in part, and REVERSE, in part.”
“Accordingly, we AFFIRM the district court's dismissal.”
“The order of the district court is AFFIRMED.”
“The decision of the district court is AFFIRMED.”
“The Board’s petition for enforcement is DENIED, and the case REMANDED for an evidentiary hearing.”
A historical record
Judge Choy 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.