Procter Ralph Hug Jr.
How Judge Hug rules, drawn from 30 signed orders. Every observation links to the order it came from.
Judge Hug no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hug decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
An insurance policy ambiguity is resolved for the insured when the disputed language can reasonably turn on either the property's zoning or the use assumed in an erroneous appraisal.
“At the very least, it is ambiguous whether Centennial’s insurance policy covers an appraisal that erroneously appraises residential property as being commercial, or whether coverage depends on how the property is used as contrasted with how it is zoned.”
Under the categorical approach, the elements of the statute of conviction control. A drug statute that reaches possession without trafficking intent is broader than an enhancement requiring possession with intent to distribute.
“The Nevada statute, however, criminalizes mere possession of certain amounts of controlled substances without proof of any trafficking intent.”
Procedural preferences
An agency action to enforce a subpoena issued under express statutory authority is an original enforcement proceeding, not a civil-discovery motion subject to a local meet-and-confer rule governing discovery.
“The commencement of an action to enforce the investigatory, administrative subpoena of the EEOC is not a ‘discovery motion’ to which Local Rule ll(j) applies. It is a separate, statutorily authorized proceeding.”
Cautions
Section 1983 liability must rest on each defendant's own participation in unlawful conduct. Membership in a law-enforcement team does not itself permit group liability.
“Second, we do not read Melear to allow group liability in and of itself without individual participation in the unlawful conduct.”
A pretrial habeas petition seeking to litigate a Speedy Trial defense ordinarily must yield to the pending state prosecution; exceptions require proven bad faith, harassment, or another extraordinary circumstance causing irreparable injury.
“unless the petitioner can demonstrate that ‘extraordinary circumstances’ warrant federal intervention.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“VACATED AND REVERSED.”
“The appeal is DISMISSED.”
“REVERSED and REMANDED.”
“The order is REVERSED.”
“The judgment of the district court is REVERSED.”
“The order of the BIA is AFFIRMED.”
“SENTENCES VACATED and REMANDED for RESENTENCING.”
“The order of the district court is AFFIRMED.”
A historical record
Judge Hug 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.