Robert H. Bork
How Judge Bork rules, drawn from 28 signed orders. Every observation links to the order it came from.
Judge Bork no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bork decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
An agency decision is vulnerable when it misconstrues the statute, lacks substantial evidence, and departs from the agency’s own precedents without explanation.
“Because we conclude that the Board's finding misconstrues the Act, is not supported by substantial evidence, and departs without explanation from previous decisions of the Board, we grant the petition for review”
Proof that litigation was a sham does not by itself establish attempted monopolization. The claimant must also prove a dangerous probability of monopoly, including sufficient power in a defined relevant market.
“But even if the litigation was a sham, a point we do not decide, Neumann must still prove the other elements of an illegal attempt to monopolize. He must prove that the defendants' action created a ‘dangerous probability’ that a monopoly would be achieved.”
Procedural preferences
Forum non conveniens begins with an adequate alternative forum, then weighs private interests with a strong presumption for the plaintiff’s choice, public interests if needed, and the practical ability to reinstate abroad without undue prejudice.
“As a prerequisite, the court must establish whether an adequate alternative forum exists which possesses jurisdiction over the whole case.”
Cautions
Issue preclusion requires the same issue to have been contested and submitted for decision, then actually and necessarily decided by a court with authority to do so.
“First, the same issue ‘must have been actually litigated, that is, contested by the parties and submitted for determination by the court.’”
When a statute directs that attorney fees be taxed and collected as costs, the fee request must comply with the appellate deadline for costs. A late application was denied under the fourteen-day rule then in force.
“we conclude that Thomson McKinnon's motion for attorneys' fees was subject to Rule 39(d)'s 14-day time limit.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We affirm in part, reverse in part, and remand for further proceedings.”
“We agree that the Savings Clause applies, and reverse the order of the district court.”
“We affirm because we conclude that”
“and the judgment of the district court is”
“the order of the Occupational Safety and Health Review Commission in No. 83-1687 is hereby reversed, and its order in No. 83-1690 is hereby affirmed.”
“The part of the Commission decision denying the motion to reopen the interest rate issue is affirmed.”
“We therefore vacate that decision and remand the case to FERC for a full evidentiary hearing.”
A historical record
Judge Bork 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.