Henry Seiler Wise
How Judge Wise rules, drawn from 13 signed orders. Every observation links to the order it came from.
Judge Wise no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Wise decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Announces the result in the opening paragraph, before the facts or the analysis, so the reader knows the outcome at the top of the order.
“After reviewing the pleadings, motions and briefs in support thereof, this Court holds that defendants' motion to dismiss should be allowed.”
Writes 'allowed' where most federal judges write 'granted', an idiom of the Illinois bench that he used consistently across thirteen years.
“It is therefore ordered that the State of Illinois' Motion to Strike and to Dismiss the plaintiff's Third Party Complaint be, and is hereby, allowed.”
Divides a single request for relief rather than treating it as all or nothing, refusing one remedy while allowing another in the same order.
“claim for injunctive relief should be denied but that their prayer for a declaratory judgment should be allowed”
Disposes of cross-motions in one sentence that states what happens to each side, instead of addressing them in separate passages.
“Plaintiff's Motion for Summary Judgment is granted, and defendants' Motion for Summary Judgment is denied.”
Procedural preferences
Closes with a formal decretal paragraph in a fixed 'be, and the same is hereby' form, so the operative order is a discrete sentence rather than something the reader must infer from the discussion.
“IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Order of the Bankruptcy Judge entered on June 9, 1977, be, and the same is hereby, affirmed.”
Decides on the papers where argument has been waived, including appeals briefed by only one side.
“Oral argument has been waived, and only appellant has filed a brief.”
Leaves the drafting of the implementing order to the parties after announcing the ruling, directing opposing counsel to confer and submit it.
“Counsel for both sides will confer and submit an appropriate order.”
Tried substantial civil cases to the bench himself and resolved them in written findings, taking evidence over days rather than deciding on the paper record.
“A trial of these issues was had before the Court without a jury, commencing June 12, 1972, during which extensive evidence was introduced by all parties and following which such parties submitted briefs as well as proposed findings of fact and conclusions of law.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Under the circumstances, the decision in the Mistrot case will be followed by this Court, and the Referee's order will be reversed.”
“The Referee's Order denying the bank*301rupt's Motion to Dismiss said amendment will therefore be affirmed.”
Findings of fact and conclusions of law after a bench trial in a Federal Tort Claims Act suit tried December 5, 1966; recovery barred by contributory negligence, closing with 'Let judgment be entered accordingly.' A post-trial judgment, not a ruling on a motion, so it is excluded from the motion counts.
Patent infringement opinion with findings of fact and conclusions of law following a bench trial that began June 12, 1972. The decretal paragraphs order an accounting before a master with damages trebled for willful infringement, attorneys' fees, and an injunction. A post-trial judgment rather than a motion ruling, so it is excluded from the motion counts.
“It is therefore ordered that defendants' motion to dismiss plaintiff's complaint be, and the same is hereby, allowed.”
“Plaintiff's Motion for Summary Judgment is granted, and defendants' Motion for Summary Judgment is denied.”
“It is therefore ordered that the State of Illinois' Motion to Strike and to Dismiss the plaintiff's Third Party Complaint be, and is hereby, allowed.”
“It is hereby ordered that the order entered by the Bankruptcy Judge on November 27, 1974, ordering the Trustee to pay to Harrisburg Production Credit Association certain sums of money, be, and the same is hereby, affirmed.”
“IT IS THEREFORE ORDERED that plaintiffs' prayer for the convention of a three-judge court pursuant to 28 U.S.C. §§ 2281, 2284 and for injunctive relief be, and the same are hereby, denied.”
“To the extent that defendant challenges plaintiffs' standing to sue and the existence of a justiciable case and controversy, his motion to dismiss and/or for summary judgment should be denied.”
Findings of fact and conclusions of law in an estate tax refund suit decided on the documents introduced at trial, holding the executors' waiver ineffective against the five-year limitation of 26 U.S.C. section 2053(c)(1)(A) and entering judgment for the defendant. A post-trial judgment rather than a motion ruling, so it is excluded from the motion counts.
“IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Order of the Bankruptcy Judge entered on June 9, 1977, be, and the same is hereby, affirmed.”
“IT IS THEREFORE ORDERED that defendant's motion to dismiss be, and the same hereby is allowed.”
A historical record
Judge Wise 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.