Elijah Barrett Prettyman
Judge Prettyman no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Prettyman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Prettyman reversed when insufficient identification of physical evidence left an essential element unsupported.
“The articles proffered being inadmissible because insufficiently identified, there was a failure of proof on the point.”
He required record-based factfinding before deciding disputed scientific issues in patent litigation.
“This court cannot decide questions of scientific fact, such as the foregoing, upon the basis of its own knowledge or upon standard generalized authorities, in the absence of findings of fact by the District Court or the Patent Office, based upon evidence in the record.”
Procedural preferences
Prettyman required an evidentiary opportunity when a habeas allegation, though improbable, would entitle the petitioner to relief if proved.
“Even if the allegations in the petition are improbable and tax credulity, the petitioner has the right to support them by evidence.”
He gave trial judges substantial discretion to dismiss prolix pleadings without prejudice under the concise-pleading rule.
“The dismissal, without prejudice, of a complaint upon the basis of Rule 8(e) (1) is largely within the discretion of the trial court.”
Cautions
Prettyman withheld strong deference from an unpublished and short-lived agency interpretation issued after the controversy began.
“Thus, it does not carry the great weight of presumptive validity which attaches to long-continued, consistent, published administrative rulings.”
He rejected a fraud theory built only on an overall advertising impression when no specific false statement or failure to perform was shown.
“the fraud order is not premised upon specific or affirmative misstatements, or upon failure to perform as promised, but is premised upon an impression which appellant says is conveyed by the advertisements as a whole.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment is reversed and the case remanded with instructions to grant a new trial.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Prettyman 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.