John Thomas Noonan Jr.

U.S. Court of Appeals for the Ninth Circuit circuit Deceased · served 1985–2017 Appointed by Ronald Reagan (Republican) 30 signed orders read

Judge Noonan no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Noonan decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Requires agencies to decide factual questions assigned to them rather than substituting negotiated outcomes.

“It is a Pickwickian or Alice in Wonderland idea that what is a factual matter should be negotiated — somewhat like the idea that you negotiate the sum of two and two.”

Looks to statutory purpose and the practical structure of a regulated business when applying federal preemption.

“Federal Express is exactly the kind of an expedited all-cargo service that Congress specified and the kind of integrated transportation system that was federally desired.”

Procedural preferences

Does not permit local filing rules to substitute for the movant's burden on summary judgment.

“He did not, therefore, meet his burden of demonstrating an absence of genuine issues for trial.”

Requires a reviewing court to explain the basis for a discretionary numerical determination well enough to permit appellate review.

“Holding that the Tax Court has not furnished an adequate explanation of what it finds reasonable, we reverse and remand.”

Cautions

Treats an interested prosecutor as a structural defect in a criminal-contempt proceeding.

“It is fundamental that the prosecutor of a criminal charge be disinterested.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Railway Labor Executives' Association v. United States
· 1987-03-04
Petition for review (railway-labor-petitioner) Granted in part

“Affirmed in part and remanded in part.”

Consortium of the Cities of Chino v. Department of Labor
· 1987-04-02
Petition for review (municipal-consortium-petitioner) Denied

“AFFIRMED.”

Barnes v. Hodel
· 1987-06-09
Appeal (mining-claimants-appellants) Denied

“AFFIRMED.”

U.S. Department of the Interior v. Federal Labor Relations Authority
· 1989-03-20
Petition for review (federal-agency-petitioner) Granted

“REVERSED and REMANDED for proceedings consistent with this opinion.”

Pony Express Courier Corp. of America v. Pony Express Delivery Service
· 1989-04-07
Appeal (delivery-service-appellant) Denied

“AFFIRMED.”

National Labor Relations Board v. Howard Electric Co.
· 1989-05-03
Petition for enforcement (labor-board-petitioner) Granted

“ENFORCEMENT GRANTED.”

Cornwell v. City of Riverside
· 1990-02-15
Appeal (civil-rights-plaintiff-appellant) Denied

“AFFIRMED.”

Federal Express Corp. v. California Public Utilities Commission
· 1991-06-27
Appeal (air-carrier-appellant) Granted

“REVERSED and REMANDED with instructions to enter judgment for the plaintiffs granting the injunctive relief requested.”

Fruit of the Loom, Inc. v. Girouard
· 1993-05-18
Appeal (trademark-owner-appellant) Denied

“AFFIRMED.”

In re Prize Frize, Inc.
· 1994-08-09
Appeal (technology-licensee-appellant) Denied

“AFFIRMED.”

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
· 1994-08-10
Appeal (property-owner-group-appellant) Granted in part

“AFFIRMED in part, REVERSED in part and REMANDED for further proceedings in accordance with this opinion.”

Wetsit v. Stafne
· 1995-01-10
Appeal (tribal-member-appellant) Denied

“Judgment of dismissal is AFFIRMED.”

A historical record

Judge Noonan 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.