Michael Boudin

U.S. District Court for the District of Columbia district Retired 1992 · served 1990–1992 Appointed by George H.W. Bush (Republican) 6 signed orders read

Judge Boudin no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Boudin decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

He denied preliminary relief when the movant had not used the governing administrative process and could not show an existing or likely violation of law.

“Absent a likelihood that governing law has been or will be violated, no warrant exists for a preliminary injunction.”

When reviewing an agency's statutory interpretation, he treated continuity with a longstanding regulatory system as evidence that the agency retained discretion absent a clear congressional overhaul.

“Moreover, even if the language, structure, and legislative history of Section 355(j)(7)(B) all could be viewed as ambiguous or silent on this issue, the Court holds that the same absence of a Congressional intent to overhaul, rather than merely to refine and extend, a long-standing regulatory regime, would make the FDA’s interpretation of the section a ‘reasonable’ one.”

He enforced an express insurance restriction where sophisticated parties had negotiated their relationship and the challenger did not establish a contrary public policy.

“That reservation has not been shown to be contrary to public policy when applied to participating hospital assignees such as Washington Hospital.”

Procedural preferences

For temporary labor relief, he read the statutory phrase 'just and proper' as preserving traditional equitable discretion rather than making an injunction automatic.

“The Court believes that it retains discretion under the statute to exercise its traditional equitable judgment in determining whether or not to grant an injunction.”

He construed a short judicial-review deadline around a single public and readily identifiable event, using publication rather than a less visible administrative filing date.

“The question in this case is not ‘notice’ to any specific party; it is determining a single recognizable event from which the time for initiating judicial review may be calculated.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Food Chemical News v. Advisory Committee on the Food & Drug Administration
· 1991-04-02
Preliminary injunction (plaintiff) Denied

“plaintiff’s motion for a preliminary injunction is DENIED.”

Hood v. Prudential Insurance Co. of America
· 1991-03-13
Summary judgment (defendant Prudential Insurance Company of America) Granted

“summary judgment is GRANTED on Count I of the amended complaint.”

Washington Hospital Center Corp. v. Group Hospitalization & Medical Services, Inc.
· 1991-03-11
Summary judgment (defendant Group Hospitalization & Medical Services, Inc.) Granted

“summary judgment for Blue Cross is therefore warranted.”

Schering Corp. v. Sullivan
· 1992-01-17
Summary judgment (federal defendants) Granted

“the federal defendants’ motion for summary judgment is granted.”

Summary judgment (plaintiff Schering Corporation) Denied

“Schering’s motion for summary judgment and motion for a preliminary injunction are denied, and its complaint is dismissed.”

Preliminary injunction (plaintiff Schering Corporation) Denied
Reuben ex rel. Federal Labor Relations Authority v. Federal Deposit Insurance Corp.
· 1991-04-10
Motion for temporary injunction (plaintiff regional director of the Federal Labor Relations Authority) Granted

“the requested temporary injunction is granted.”

Sea Watch International v. Mosbacher
· 1991-04-09
Motions to dismiss (defendants) Denied

“defendants’ motions to dismiss and to strike are DENIED”

Motions to strike (defendants) Denied
Summary judgment (defendants) Granted

“defendants’ motion for summary judgment is GRANTED.”

Summary judgment (plaintiffs) Denied

“Plaintiffs’ motions for summary judgment are DENIED.”

A historical record

Judge Boudin 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.