Philip Nichols Jr.
Judge Nichols no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Nichols decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Nichols reinstated a civil racketeering claim when a fair reading of the complaint stated a viable theory.
“The RICO count should be reinstated.”
Procedural preferences
Nichols required dismissal when the lower court lacked jurisdiction rather than allowing a merits judgment to stand.
“The judgment of the Claims Court is vacated, and the cause is remanded with directions to dismiss the complaint for want of jurisdiction.”
He used remand to convert a legal entitlement into a judgment and damages determination rather than leaving the claim unresolved.
“For the reasons stated in the foregoing discussion, the decision and judgment of the Claims Court denying appellants’ motion for summary judgment and granting the appellee’s motion, are both reversed, and the cause is remanded to the Claims Court with direction to enter judgment for the appellants and for determination of the damages due and owing the appellants, subject to the statute of limitations if it has run on any portion of their claims.”
Cautions
Nichols declined appellate fee shifting where a divided panel itself showed that the losing position was not exceptionally unreasonable.
“Therefore, the application is denied.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.”
“Therefore, the application is denied.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Nichols 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.