Jennifer Sung
How Judge Sung rules, drawn from 23 signed orders. Every observation links to the order it came from.
How Judge Sung decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a tribal hunting-rights appeal, Sung read the treaty in historical context and as the tribes would naturally have understood it. She would not add an unwritten reservation-residence condition to a right the tribes had expressly reserved.
“The Treaty's terms, which we must read in context and construe as they would naturally be understood by the Tribes, plainly do not condition exercise of the reserved hunting right on the Northwestern Band relocating to a reservation.”
In a maritime-negligence appeal, Sung treated evidence of earlier similar accidents as one way, but not the exclusive way, to prove that a defendant knew or should have known a condition was unreasonably dangerous.
“we clarify that proof of similar incidents is relevant to show actual or constructive knowledge of unreasonable dangerousness, but not required.”
In an employment-arbitration appeal, Sung upheld refusal to sever multiple unconscionable provisions after the trial court considered the agreement and the relevant remedial factors as a whole.
“The district court appropriately considered all the relevant factors and did not abuse its discretion in finding sufficient evidence that the agreement is permeated with unconscionability and declining to sever the unconscionable terms.”
Procedural preferences
In a disability-benefits appeal, Sung confined judicial review to the rationale the administrative law judge actually gave. A reviewing court could not uphold the agency by supplying a conservative-treatment rationale absent from its decision.
“[W]e can affirm the agency's decision to deny benefits only on the grounds invoked by the agency.”
Cautions
In a criminal appeal involving a racially biased juror who participated in deliberations but was removed before the verdict was accepted, Sung applied a heavy presumption of prejudice and placed the burden of rebuttal on the government.
“For the reasons discussed below, we conclude that the Remmer presumption-of-prejudice standard applies where, as here, a biased juror was present on the jury but excused before the verdict was accepted.”
In her Holcomb dissent, Sung distinguished information discovered during execution of a valid warrant from information learned before execution and would assess the officers’ continuation under objective reasonableness.
“In my view, this line of cases does not require the police to stop searching and report back to the magistrate when the police learn new information that undermines probable cause while executing the warrant.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“AFFIRMED in part, VACATED in part, and REMANDED in part.”
“We grant the petition for review and remand so that Blancas Hermosillo may receive a merits hearing. ... PETITION FOR REVIEW GRANTED AND REMANDED with instructions.”
“Accordingly, we reverse the district court's dismissal of the Northwestern Band's complaint for failure to state a claim under Rule 12(b)(6). ... REVERSED AND REMANDED.”
“We DENY Kava's petition for review, except for the arguments that we DISMISS for lack of jurisdiction because Kava failed to raise them below. We GRANT the Board's cross-petition, and we enforce the Board's order in full. PETITION DENIED IN PART, DISMISSED IN PART; CROSS-PETITION GRANTED.”
“We reverse the district court's denial of Brown's and Allen's motions to dismiss that claim and remand for further proceedings consistent with this opinion. REVERSED and REMANDED.”
“The district court appropriately abstained from exercising jurisdiction over Plaintiffs’ as-applied claims under Burford. We also affirm the district court’s dismissal of Plaintiffs’ facial constitutional claims for failure to state a claim as a matter of law. AFFIRMED.”
“REVERSED AND REMANDED.”
“REVERSED AND REMANDED.”
“Accordingly, we vacate the district court order and remand with instructions to dismiss this case for lack of jurisdiction. ... VACATED AND REMANDED.”
“Therefore, the district court appropriately declined to sever the unconscionable provisions and enforce the remainder of the agreement. AFFIRMED.”
“In sum, we hold that formal service is not a prerequisite to removal under § 1446(b)(1). Therefore, removal was proper in this case, and the district court correctly denied Mayes’ motion to remand. AFFIRMED.”
“In this appeal, TICO argues that the bankruptcy court abused its discretion by declining to resolve TICO's challenge to Powell's eligibility before granting his § 1307(b) motion to dismiss. For the reasons explained below, we conclude that the bankruptcy court did not err, and we affirm.”
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