Holly Aiyisha Thomas
How Judge Thomas rules, drawn from 20 signed orders. Every observation links to the order it came from.
How Judge Thomas decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a disability-access appeal, Thomas treated effective communication as a context-specific inquiry. The factfinder must assess the communication method, its subject and complexity, and the setting rather than presume that one accommodation is always required.
“Assessing whether an entity ‘provided appropriate auxiliary aids where necessary’ to afford effective communication ‘is a fact-intensive exercise.’”
In a whistleblower-retaliation case, Thomas distinguished an impermissible agreement to arbitrate the statutory claim from the permissible issue-preclusive effect of a judicially confirmed arbitral award.
“We hold that, although an arbitrator’s decision can never preclude a SOX claim, a confirmed arbitral award can sometimes preclude relitigation of the issues underlying such a claim.”
In a reporter's pre-enforcement challenge to a sideshow-spectating ordinance, Thomas treated on-site observation and recording as protected newsgathering and applied strict scrutiny because the prohibition turned on what the reporter observed.
“The First Amendment protects Garcia's newsgathering and reporting activities. And the County's prohibition on knowingly spectating a sideshow is content based and fails strict scrutiny.”
Procedural preferences
In a habeas appeal, Thomas required formal notice and an opportunity to respond before a court dismissed the petition on its own initiative. The petitioner's decision to brief timeliness preemptively did not satisfy the court's separate obligation.
“We have therefore repeatedly declined to create an exception to the rule that, before dismissing a petition for writ of habeas corpus, the district court must provide the petitioner with notice of its intention to do so, and an opportunity to respond.”
Cautions
Writing for the en banc court in a sentencing appeal, Thomas required plain-error review for an unpreserved legal objection. A party could no longer obtain de novo review merely by characterizing the issue as a pure question of law.
“For the reasons discussed above, we overrule our precedent recognizing a ‘pure question of law’ exception to Rule 52 and hold that forfeited claims of legal error are subject to plain error review.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because we find no error in the district court’s treatment of the Baxes’ disability discrimination claims, the judgment in favor of DMC is in all respects AFFIRMED.”
“The bankruptcy court correctly applied Section 522(f) to determine the homestead exemption available to Boskoski. Its judgment is in all respects AFFIRMED.”
“We therefore vacate the district court’s order and remand for it to consider the remaining issues in the first instance. VACATED; REMANDED.”
“The district court’s decision dismissing this suit is therefore AFFIRMED.”
“Mongol Nation’s unpreserved argument regarding RICO’s definition of ‘person’ and the Government’s challenge to the denial of its second POF each fail. The district court’s judgment is in all respects AFFIRMED.”
“Habelt lacks standing to appeal. We therefore dismiss this appeal for lack of jurisdiction. DISMISSED.”
“For the reasons discussed above, the district court’s denial of Hart’s habeas petition is hereby AFFIRMED.”
“The plain language of 11 U.S.C. § 523(a)(3)(A) makes the 2013 unlawful detainer judgment in favor of Jefferson nondischargeable in Castro and Licup’s bankruptcy. The BAP’s decision is therefore AFFIRMED.”
“Rojo’s original factual basis, containing statements of the USAO, was a party admission under Rule 801(d)(2). The government has not met its burden of showing that the exclusion of this basis did not affect the outcome of Mirabal’s trial. Mirabal’s conviction is therefore VACATED and this matter is REMANDED for further proceedings.”
“The arbitrator’s decision precluded each of the claims that Hansen raised before the district court. We therefore AFFIRM the judgment of the district court dismissing those claims.”
“By placing a warning slip on the windshield of the Accord two days before the car was towed, the City provided notice reasonably calculated to alert Grimm of the impending tow. ... The district court’s grant of summary judgment to the City is therefore AFFIRMED.”
“The district court’s decision dismissing Race’s habeas petition is therefore VACATED, and this case is REMANDED for proceedings consistent with our holding.”
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