Joseph Tyree Sneed III

U.S. Court of Appeals for the Ninth Circuit circuit Deceased · served 1973–2008 Appointed by Richard Nixon (Republican) 30 signed orders read

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

How Judge Sneed decides

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

What persuades

In predatory-pricing cases, requires proof of specific intent, anticompetitive conduct, dangerous probability of success, and causal antitrust injury.

“Under a claim of attempted monopolization by predatory pricing, a plaintiff must prove four elements:”

Orders a new trial on both liability and damages when the issues cannot be fairly separated after error in the original trial.

“we remand for a new trial on both the issues of liability and amount of damages.”

Procedural preferences

Treats the appellate mandate as limiting the issues a district court may revisit on remand.

“A district court is free, on remand, to determine only those issues not expressly or impliedly determined by the appellate court.”

Recognizes that a labor-board general counsel's decision not to issue a complaint is generally unreviewable by the board or a court of appeals.

“This and other courts of appeals have adhered to the view that the General Counsel’s decision not to issue a complaint is unreviewable by the Board or courts of appeals.”

Cautions

Applies deferential review to fee awards but treats the abuse-of-discretion burden as capable of being met in a sufficiently strong case.

“This is a formidable burden, but it is not insurmountable.”

Signed rulings

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

Hodgson v. Quezada
· 1974-06-07
Appeal (labor-secretary-appellant) Granted

“We therefore remand to the District Court for entry of an order consistent with the views expressed in this opinion.”

National Labor Relations Board v. Squire Shops, Inc.
· 1977-08-18
Petition for enforcement (labor-board-petitioner) Granted

“ENFORCEMENT GRANTED.”

McJunkin v. Immigration and Naturalization Service
· 1978-08-02
Petition for review (noncitizen-petitioner) Denied

“AFFIRMED.”

Monti v. Department of Industrial Relations
· 1978-09-26
Appeal (civil-rights-plaintiffs-appellants) Moot / procedural

“DISMISSED.”

Victoria Station, Inc. v. National Labor Relations Board
· 1978-11-22
Petition for review (restaurant-employer-petitioner) Denied

“ORDER ENFORCED.”

Pacific Southwest Airlines v. National Labor Relations Board
· 1980-01-22
Petition for review (airline-petitioner) Denied

“Review Denied.”

Revis v. Laird
· 1980-09-15
Appeal (federal-employee-appellant) Denied

“We affirm.”

Kalezic v. Immigration and Naturalization Service
· 1981-06-08
Petition for review (noncitizen-petitioner) Denied

“Affirmed.”

Hasbrouck v. Texaco, Inc.
· 1981-12-14
Appeal (service-station-operator-appellants) Granted in part

“AFFIRMED IN PART, REVERSED IN PART, AND REMANDED IN PART.”

Harmon v. San Diego County
· 1981-12-21
Appeal (civil-rights-plaintiff-appellant) Granted in part

“AFFIRMED IN PART; REVERSED AND REMANDED IN PART.”

H & D, Inc. v. National Labor Relations Board
· 1982-02-23
Petition for review (employer-petitioners) Denied

“H & D’s petition for review is denied.”

Seattle Auto Glass v. National Labor Relations Board
· 1982-02-25
Petition for enforcement (labor-board-petitioner) Granted in part

“ENFORCEMENT GRANTED IN NOS. 79-7578, 80-7050, 79-7603, 79-7476. ENFORCEMENT DENIED IN NO. 79-7520.”

A historical record

Judge Sneed 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.