André Birotte Jr.
How Judge Birotte rules, drawn from 12 signed orders. Every observation links to the order it came from.
How Judge Birotte decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the reviewed disability-access case, he treated practical access to municipal parallel parking as the relevant public program and found a nearby disabled space to be a reasonable modification that imposed neither an undue burden nor a fundamental alteration.
“Installing a blue curb parking space in front of Plaintiffs apartment building is a reasonable modification that would provide her access to the City’s parking program, and it would neither impose an undue burden on the City nor require the City to alter its existing program.”
In the reviewed copyright injunction, he gave little weight to financial harm arising from activity found likely to infringe and found that authorized filtering alternatives preserved the public's interest in filtered viewing.
“An injunction in this case would not prevent VidAngel or any other company from providing a filtering service similar to ClearPlay’s”
In the reviewed ERISA bench judgment, he reinstated disability benefits after finding that the employability analysis and the full record did not support sustained full-time work within the claimant's restrictions.
“The Court is not convinced that Plaintiff can work any of the positions cited in the CorVel report and finds that the evidence within the AR is insufficient to support the termination of Plaintiffs benefits.”
Procedural preferences
Resolves the named plaintiffs' claims at summary judgment and denies class certification as moot where the individual claims fail.
“the Court GRANTS Stein Mart's Motion for Summary Judgment and DENIES Plaintiffs' Motion for Class Certification.”
Declines to dispose of wage-statement claims on a Rule 12(c) motion for judgment on the pleadings.
“For the following reasons, the Court DENIES the Motion.”
In the reviewed patent pleading, he refused to require the plaintiff to anticipate and plead around a fact-dependent invalidity defense, and declined to draw defendant-favoring inferences from prosecution-history materials.
“Plaintiff is not required to anticipate each fact-based defense Dadco might assert and plead facts to refute that defense.”
In the reviewed officer-shooting pleading, he separated dismissed claims and unavailable damages allegations from potentially curable defects, allowing fourteen days for another amended complaint.
“Plaintiffs may attempt to cure the deficiencies outlined above by filing a third amended complaint within fourteen (14) days of this Order.”
In the reviewed hotel-wage injunction dispute, failure to establish likely success on the labor-preemption theory ended the preliminary-injunction analysis despite extensive policy arguments.
“Because Plaintiffs have not shown any likelihood of success on the merits, they cannot make the necessary showing of irreparable Harm.”
Cautions
Retains federal jurisdiction over a removed case, denying remand after a fraudulent-joinder and diversity analysis.
“For the following reasons, the Court DENIES Plaintiffs' Motion to Remand.”
Requires medical-device product-liability pleadings to identify a specific parallel regulatory violation and a causal link; conclusory references to federal requirements did not avoid preemption.
“Plaintiffs have not asserted a parallel claim capable of surviving preemption.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court. GRANTS in part and DENIES in part Moroccanoil’s Motion, and DENIES Groupon’s Motion.”
“the Court GRANTS Stein Mart's Motion for Summary Judgment and DENIES Plaintiffs' Motion for Class Certification.”
“For the following reasons, the Court DENIES Plaintiffs' Motion to Remand.”
“For the following reasons, the Court DENIES the Motion.”
“Before the Court is a Motion for Summary Judgment on Liability ... For the following reasons, the Motion is GRANTED.”
“For the foregoing reasons, Plaintiffs' Motion to Remand is DENIED .”
“Defendant Mentor Worldwide's Motion to Dismiss is GRANTED as to each of Plaintiffs' claims.”
After a bench trial on the administrative record, the court found that the evidence did not support termination of the claimant's long-term disability benefits and ordered the benefits reinstated. The earlier summary-judgment papers had been converted to trial briefs, so no party motion is classified.
“ORDER DENYING PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION; ORDER DENYING DEFENDANT’S MOTION TO STRIKE”
“Accordingly, Plaintiffs motion for partial summary judgment (Dkt. No. 41) is GRANTED as to the City’s liability under Plaintiffs First, Second, and Third Claims for relief.”
“The City’s motion for summary judgment is DENIED.”
“The Court also GRANTS both parties’ unopposed Requests for Judicial Notice.”
“Upon consideration of the parties’ arguments, papers and the case file, the court hereby GRANTS the motion for preliminary injunction.”
“For the foregoing reasons, the Court DENIES Dadco's motion to dismiss.”
“The Court therefore GRANTS the request to the extent necessary to resolve the issues presented in Dadco's motion to dismiss.”
“For the foregoing reasons, Defendants' Request for a More Definite Statement is DENIED .”
“Defendants' Motion to Dismiss and/or Strike Portions of Plaintiffs' SAC is GRANTED in part and DENIED in part .”
“References to wrongful death damages are STRICKEN from paragraphs 43 and 61, and references to decedent's pain and suffering are STRICKEN from paragraphs 112, 127, and 145.”
Caseload & timing
From public federal docket records for this judge.
His 2026 holdings include immigration-detention habeas petitions and other civil matters. Earlier filed cases include patent, insurance, consumer-class, and products-liability litigation. The duration figures are limited to two terminated contested civil matters.
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