Sarah F. Russell
How Judge Russell rules, drawn from 28 signed orders. Every observation links to the order it came from.
How Judge Russell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
She construes a contract as an integrated whole, reading each sentence in light of the one before it rather than as a standalone command: a confidentiality clause and the non-referral sentence that follows it are read together, defeating an argument built on the second sentence alone.
“The sentence that follows, providing that R+C 'shall not refer or identify Firm to any other company or firm,' is not a standalone prohibition disconnected from the sentence that precedes it.”
Cautions
On a defamation-by-implication theory she holds that a concededly true statement is not made defamatory merely because it omits or declines to repeat the plaintiff's own contested allegation; a truthful chronology is not actionable.
“R+C's statement is not rendered defamatory for declining to reiterate SBG's allegation that R+C breached the contract.”
In an at-will employment dispute, enforced a handbook disclaimer that was clear and prominently placed, rejecting contract and promissory-estoppel theories based on progressive-discipline language.
“The express disclaimer visible on the back of the Code of Business Conduct is no less clear.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“R+C's Motion for Summary Judgment is GRANTED and SBG's Motion for Partial Summary Judgment is DENIED.”
“For these reasons, Plaintiff's Motion for Partial Summary Judgment is DENIED and Defendant's Motion for Summary Judgment as to all counts is GRANTED.”
“Defendant's Motion to Dismiss is denied as to Count One (FMLA interference) and Count Two (FMLA retaliation). The Motion to Dismiss is granted as to all other causes of action. Counts Three and Four are dismissed without prejudice. Count Five is dismissed with prejudice because Plaintiff failed to contest dismissal of this count.”
“Hernaiz's pending motions, ECF Nos. 39, 40, 47, 48, 49, 51, 56, 57, and 62, are DENIED. Defendants' motion for summary judgment, ECF No. 46, is GRANTED.”
“For the same reasons, Hernaiz's motion for summary judgment on his retaliation claim must be denied.”
“Rignol's application for a temporary restraining order and preliminary injunction, ECF No. 16, is DENIED.”
“PSI Marine's Motion for Partial Summary Judgment is GRANTED in part and DENIED in part”
“Defendant's Motion for Partial Summary Judgment is GRANTED in part and DENIED in part.”
“CSAA's motion for summary judgment and motion to dismiss are hereby granted in their entirety. Declaratory judgment is hereby entered that CSAA has no obligation under the Homeowner's Policy or the Umbrella Policy to defend or indemnify Jason Yerushalmi”
“Yerushalmi's First Counterclaim for breach of contract has no arguable basis in fact or law, and his other Counterclaims ... are also not viable.”
“CSC's Motion to Dismiss Count Two of Rivera's Second Amended Complaint pursuant to Rule 12(b)(6) is denied.”
“I also grant both of Defendants’ Motions for Summary Judgment in their entirety.”
“I therefore grant summary judgment for those Defendants on Count One.”
“Defendants Stephanie’s and Jones’ Motion to Dismiss, ECF No. 31, is DENIED”
“Defendant Acheampong’s Motion to Dismiss, ECF No. 54, is DENIED”
Sua sponte remand for lack of subject-matter jurisdiction (Rooker-Feldman). This jurisdictional remand did not resolve a party motion.
“CSC’s Motion to Dismiss Count Two of Mandu’s Second Amended Complaint pursuant to Rule 12(b)(6) is denied.”
“I grant the Southington Defendants’ motion to dismiss Glossian’s Sixth Amended Complaint.”
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