Roger Robb
How Judge Robb rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Robb no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Robb decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Robb sustained agency action when its resolution was reasonable, supported by the record, and within its discretion.
“The Commission has not abused its discretion. Its resolution of the contentions raised in the petitions for review is reasonable and supported by the record.”
An agency head cannot use delegation to expand an inspector general's limited powers beyond those Congress expressly granted.
“the Secretary cannot by delegation expand the limited powers expressly granted to the Inspector General by Congress.”
Procedural preferences
Robb required agencies to support comparative judgments with an evidentiary record that allowed meaningful review.
“From the Commission’s opinion and the record as a whole we are unable to discern a reasonable basis for the Commission’s conclusion with respect to automobiles.”
He required summary-judgment submissions to identify the material facts supporting an agency’s asserted exemption theory.
“The CIA’s inadequate Rule l-9(h) Statement makes it impossible for us to determine whether genuine issues of material fact existed when summary judgment was granted.”
When credibility was decisive, he treated improper impeachment with prior misdemeanor convictions as prejudicial rather than harmless.
“We reject the government’s contention that the impeachment of Millings was harmless error.”
A carrier cannot enforce a tariff provision that conflicts with the statutory period governing a shipper's claim.
“Rule 16, conflicting as it does with section 22 of the Shipping Act, is not a valid tariff provision.”
Cautions
He narrowed injunctive relief that extended beyond the specific advisory relationship established by the record.
“We agree with the Administrator, however, that the District Court’s order is too broad.”
A pre-enforcement challenge is unripe when claimed business uncertainty remains vague and speculative and the regulation's effects have not been felt concretely.
“Because the effects of these regulations have not been felt in a concrete way by the appellants,”
An agency may not refuse to receive a waiver-and-refund application on a distinction inconsistent with the governing provision and its precedent.
“FMC must accept the Sea-Land application.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment of the District Court is reversed and the case is remanded for a new trial.”
“The order of the Federal Maritime Commission is vacated and the case is remanded for further proceedings on the merits of the Kraft claim.”
“GAF’s petition to review and reverse the decision of the Occupational Safety and Health Review Commission is denied.”
“The Commission’s orders denying Teleprompter’s application for a certificate of compliance and revoking its authority to import the Los Angeles signals are reversed. The case is remanded to the Commission with instructions to grant the requested certificates of compliance.”
“Accordingly the case is remanded to the Commission for further proceedings to develop a reasonable and understandable comparison between the benefits accruing to breakbulk cargo and those realized by automobiles.”
“Consequently, the summary judgment on the tort counts must be reversed and the case remanded for trial. The judgment is Reversed in part, Affirmed in part.”
“The judgment of the District Court is Affirmed in part, reversed in part.”
“Accordingly, we affirm the District Court’s dismissal.”
“Because we conclude that the FHWA utilized AASHTO as an advisory committee during the development of the Certification Acceptance regulations, we affirm. We agree with the Administrator, however, that the District Court’s order is too broad. Accordingly, the injunction must be modified to apply the Federal Advisory Committee Act only to consultation between the FHWA and AASHTO on matters concerning proposed regulations.”
“Therefore, that part of the District Court’s order rejecting the claim of privilege and requiring the defendants to respond to the allegations in the complaint referring to operation SHAMROCK is reversed. In all other respects the decision is affirmed. The case is remanded to the District Court for further proceedings consistent with this opinion.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Robb 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.