Joseph Tyree Sneed III
How Judge Sneed rules, drawn from 30 signed orders. Every observation links to the order it came from.
Judge Sneed no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Sneed
Joseph Tyree Sneed, III was a judge of the United States Court of Appeals for the Ninth Circuit. Appointed by President Richard M. Nixon, Judge Sneed received a commission on August 24, 1973. Judge Sneed assumed senior status on July 21, 1987 and served until death on February 9, 2008.
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:”
In Hasbrouck v. Texaco, Sneed remanded a price-discrimination case for a new trial on both liability and damages because the questions were not fairly separable on that antitrust record.
“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.”
In Pacific Southwest Airlines v. NLRB, Sneed applied the established rule that a General Counsel’s decision not to issue a complaint was 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.
“We therefore remand to the District Court for entry of an order consistent with the views expressed in this opinion.”
“AFFIRMED IN PART, REVERSED IN PART, AND REMANDED IN PART.”
“AFFIRMED IN PART; REVERSED AND REMANDED IN PART.”
“H & D’s petition for review is denied.”
“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 here. If you're preparing for a matter, start from the court's current bench.