Mary M. Schroeder
How Judge Schroeder rules, drawn from 39 signed orders. Every observation links to the order it came from.
How Judge Schroeder decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A failure to report domestic abuse does not defeat an asylum claim when credible testimony, death threats, the abuser's gang ties, prior police inaction, and country evidence show that reporting would be futile and dangerous.
“The conclusion compelled by Petitioner’s testimony concerning the danger she faced from Oscar, his violent outbursts when she sought refuge at church, and his death threats deterring her from reporting him, as well as by the country conditions report documenting uncontrollable violence against women in Honduras, is that an attempt to report would not only have been futile, it would also have been likely to result in further harm to Petitioner.”
Disability analysis should consider whether attempted work was sustained and meaningful rather than treating earnings alone as conclusive. Brief, unsuccessful jobs performed inadequately do not necessarily show substantial gainful activity.
“Short periods of temporary employment, inadequately performed, thus do not constitute substantial gainful employment that would disqualify a claimant for benefits.”
Procedural preferences
A franchisor cannot provide a precontract disclosure saying local law controls and later insist on a conflicting out-of-state arbitration forum without having clearly disclosed that position before agreement.
“If a franchisor disagrees with the required disclosure language, it can certainly dispute that language, but not at the price of misleading prospective franchisees.”
Cautions
A reverse False Claims Act theory requires an established legal duty to pay the government. The amount of a duty may be unfixed, but the existence of the duty still must be grounded in legal authority.
“The word ‘fixed’ referred to the amount of an obligation, not whether any obligation existed.”
A supervised-release condition incorporating the statutory definition of computer can sweep in commonplace connected devices and be overbroad unless it is narrowed to give reasonable notice of what is prohibited.
“Guided by Wells, we conclude that the special condition limiting Macapagal’s possession and use of computers is overbroad.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We therefore DISMISS this appeal for lack of an appealable judgment.”
“The petition for review is DENIED.”
“Accordingly, the order of the Appellate Division is AFFIRMED.”
“REVERSED.”
“Because the district court applied the correct legal standards, and its findings are not clearly erroneous nor materially disputed, we affirm the district court’s judgment.”
“The petition for review is DENIED.”
“We REVERSE the decision of the district court and REMAND for the entry of an order that arbitration shall proceed in California.”
“AFFIRMED IN PART, REVERSED IN PART, AND REMANDED IN PART FOR FURTHER PROCEEDINGS.”
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