Oscar Hirsh Davis
Judge Davis no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Davis decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Davis enforced a contractor's duty to inquire when solicitation language contained an obvious conflict.
“The existence of a patent ambiguity in the contract raises the duty of inquiry, regardless of the reasonableness of the contractor’s interpretation.”
He reversed summary judgment when material evidence was not viewed in the nonmovant's favor.
“The trial court failed to consider this material and interpret it in a light most favorable to Zerpa.”
Procedural preferences
Davis generally declined to consider issues that could have been, but were not, presented to the personnel board.
“The usual rule is that a petitioner cannot raise before this court an issue which could have been, but was not, raised before the MSPB.”
He remanded when the record was too incomplete to support meaningful review of preliminary relief.
“Because we do not have before us a proper record on which to conduct an adequate appellate review on the merits of this case, the action must be remanded for further proceedings.”
Cautions
Davis distinguished a weak but colorable appeal from one warranting sanctions.
“TVI has raised a colorable, albeit weak, argument that was not raised in bad faith.”
He treated an administrative tribunal's remedial authority as limited to powers Congress actually granted.
“Those powers do not include, in this situation, authority to aid an attorney whose “prevailing party” client has expressly agreed not to ask attorney fees from the MSPB.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“AFFIRMED IN PART; REVERSED IN PART AND REMANDED.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Davis 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.