Shirley Ann Mount Hufstedler

U.S. Court of Appeals for the Ninth Circuit circuit Resigned · served 1968–1979 Appointed by Lyndon B. Johnson (Democratic) 27 signed orders read

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

How Judge Hufstedler decides

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

What persuades

Requires evidence of actual burden before accepting an asserted inability to accommodate protected religious practice.

“Undue hardship means something greater than hardship. Undue hardship cannot be proved by assumptions nor by opinions based on hypothetical facts.”

Looks to the purpose of an antitrust rule when identifying which injuries can support damages.

“it is important to consider why an acquisition violates Section 7 in order to determine what effects of the acquisition give rise to damages under Section 4.”

Procedural preferences

Applies issue preclusion by examining what the first tribunal necessarily resolved, not merely the labels on the later charge.

“we hold that Hernandez’ prosecution for perjury was barred by double jeopardy.”

Returns agency matters for the discretionary determination that remains after resolving statutory eligibility.

“we remand this case for further proceedings in which Lee must show that adjustment of status “should be granted in the exercise of discretion.”

Cautions

Does not sustain attorney-fee sanctions under inherent authority without the required bad-faith basis.

“The district court did not find any bad faith on the part of SO-CAL in filing or prosecuting the motion, and the Government does not contend that any bad faith was involved.”

Signed rulings

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

UNITED STATES of America, Plaintiff-Appellee, v. EL CAMINO COMMUNITY COLLEGE DISTRICT and Stuart E. Marsee, Defendants-Appellants
· 1979-08-09
Appeal (college-and-president-appellants) Denied

“AFFIRMED.”

Harmsen v. Smith
· 1978-11-13
Appeal (former-bank-directors-appellants) Denied

“AFFIRMED.”

United States v. Richard A. Hernandez
· 1978-02-27
Appeal (defendant-appellant) Granted

“REVERSED.”

Anderson v. General Dynamics Convair Aerospace Division
· 1978-09-07
Appeal (employee-appellant) Granted

“Reversed and remanded for further proceedings consistent with the views herein expressed.”

Felipe Cabral-Avila v. Immigration and Naturalization Service
· 1979-02-21
Petition for review (noncitizen-petitioners) Denied

“AFFIRMED.”

Johnson v. Duffy
· 1978-12-27
Appeal (prisoner-plaintiff-appellant) Granted

“Reversed and remanded for further proceedings consistent with the views herein expressed.”

United States v. Southern Pacific Transportation Co.
· 1979-08-02
Appeal (cross-appellants) Granted in part

“Affirmed in part, reversed in part, and remanded to the district court for entry of judgment consistent with the views herein expressed.”

Clements v. Internal Revenue Service
· 1973-08-17
Appeal (bankruptcy-trustee-appellant) Granted

“Reversed and remanded.”

Breech v. United States
· 1971-03-10
Appeal (government-appellant) Denied

“The judgments are Affirmed.”

Robert L. And Dorothy G. Maple v. Commissioner of Internal Revenue, William M. And Eleanor A. Smith v. Commissioner of Internal Revenue
· 1971-04-15
Appeal (commissioner-appellant) Denied

“The judgment is affirmed.”

Jin Soo Lee v. Immigration & Naturalization Service
· 1976-09-13
Petition for review (noncitizen-petitioner) Granted

“we remand this case for further proceedings in which Lee must show that adjustment of status “should be granted in the exercise of discretion.”

Sang Chul Bark v. Immigration and Naturalization Service
· 1975-02-05
Petition for review (noncitizen-petitioner) Granted

“Reversed and remanded.”

A historical record

Judge Hufstedler 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.