Gerhard Alden Gesell
Judge Gesell no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gesell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He rejected an agency classification that treated workers as domestic only when doing so lowered the prevailing-wage calculation.
“To treat the workers as U.S. workers only for the purpose of the wage determination, and for nothing else, is arbitrary and capricious.”
He treated fee awards as ordinarily appropriate under a remedial labor statute absent special circumstances.
“As the LMRDA is a remedial statute, attorney fees are appropriate absent special circumstances rendering such an award unjust.”
Cautions
He viewed the public interest in government transparency as broad enough to include citizens’ ability to complain privately.
“The public interest is broader than plaintiff’s notion, and encompasses not only the uses of the list by both NHTSA and CAS, but also the interests of citizens generally to complain to their government in privacy.”
He refused equitable relief where the claimant’s own misconduct left him without clean hands.
“Stone cannot appeal to equity because he lacks clean hands.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The defendant’s motion for summary judgment is granted and plaintiff's motion for summary judgment is denied.”
“ORDERED that plaintiff’s motion for summary judgment is granted; and it is further”
“ORDERED that defendant’s cross-motion for summary judgment is denied; and it is further”
“The Court accordingly grants summary judgment to defendant.”
“Plaintiffs’ motion for summary judgment is granted and the case is remanded to DOL to set a prevailing wage rate in accordance with the Court’s Memoranda.”
“An Order denying defendants’ motion to dismiss and remanding this case to the Superior Court of the District of Columbia is filed herewith.”
“Defendants’ motion for summary judgment must be left for resolution by that court”
“ORDERED that summary judgment is granted defendant on its claim that documents claimed to be covered by 5 U.S.C. § 552(b)(4) need not be released; and it is further”
“ORDERED that summary judgment is granted plaintiff on defendant’s exemption claims under 5 U.S.C. § 552(b)(5) and (b)(6); and it is further”
“ORDERED that no attorney fees shall be awarded plaintiff and each party shall bear its costs.”
“The Court grants Rosenbaum’s renewed motion captioned as a motion for summary judgment and denies Stone’s motion for summary judgment.”
“ORDERED that plaintiffs’ motion for summary judgment is denied; and it is further”
“ORDERED that defendant’s motion for summary judgment is granted; and it is further”
“LSC’s motion for summary judgment is granted.”
“Accordingly, defendant’s motion for summary judgment is granted and plaintiff’s complaint is dismissed with prejudice.”
“Judgment shall be entered for FDIC.”
“Accordingly, defendant’s motion for summary judgment is granted in part and denied in part.”
A historical record
Judge Gesell 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.