Michael Lawrence Brown
How Judge Brown decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In defamation, separates the fact/opinion question from the malice question: even a provably-false factual statement is not actionable unless the public-figure plaintiff pleads specific facts showing the publisher subjectively knew it was false or recklessly disregarded falsity; ill will, bias, or failure to investigate is not enough.
“The tweet might show Mr. Noble's ill will towards the President, but it fails to plead actual malice in the constitutional sense - that is, it does not show Mr. Noble made the Statement with knowledge that it was false or with reckless disregard of whether it was false.”
Procedural preferences
Strictly enforces the burden-allocation rules: will not make a party's argument for it. A defendant resisting Rule 4(k)(2) jurisdiction must itself identify a state where the plaintiff could have sued (not merely 'consent'); a non-movant who ignores Local Rule 56.1B has the movant's facts deemed admitted.
“Bodenstedt has thus not met his burden to defeat Plaintiff's assertion of jurisdiction under Rule 4(k)(2). The Court will not do the work for him.”
Will not consider arguments raised only in footnotes rather than the body of a brief.
“We do not ordinarily consider arguments raised in passing in one footnote rather than the body of the brief.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Motions to dismiss N = 4 |
Granted: 2Denied: 2 | counts only |
| Summary judgment N = 2 |
Granted: 1Denied: 1 | counts only |
| Motion to amend N = 1 |
Denied: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Court GRANTS Defendants' Motion to Dismiss (Dkt. 16) and DISMISSES Plaintiff's Complaint (Dkt. 1). The Court ORDERS Plaintiff to file an amended complaint no later than November 30, 2020.”
“The Court DENIES Defendant Bodenstedt's Partial Motion to Dismiss (Dkt. 35).”
“The Court GRANTS Defendant The Kroger Co.'s Motion for Summary Judgment (Dkt. 34) and DISMISSES this action.”
“Court DENIES Defendants' Motion to Dismiss the Amended Complaint (Dkt. 59)”
“Defendants' Motion for Partial Summary Judgment on Statute of Limitations Issues (Dkt. 61)... [DENIED]”
“the Court ... GRANTS Defendants' Motion to Dismiss (Dkt. 30).”
“the Court DENIES Plaintiff's Motions for Leave to File a Second Amended Complaint (Dkt. 40, 51)”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 241 days (N = 8).
Mix from search_dockets case-level rows; most carry no FJC IDB row (recent filings, FJC lag). General civil docket; PI removals and consumer FCRA/FDCPA suits are common, plus a marquee First Amendment / defamation case in the reasoning layer.