Christopher A. Nuechterlein
Judge Nuechterlein no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Nuechterlein decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On antitrust price-fixing claims he requires affirmative evidence of an agreement on price or price levels and refuses to infer a conspiracy from a manufacturer's mere knowledge of distributor margins or its decision to terminate a price-cutter in response to complaints.
“permitting an agreement to be inferred merely from the existence of complaints, or even from the fact that termination came about in response to complaints, could deter or penalize perfectly legitimate conduct. Thus, something more than evidence of complaints about price is needed to prove illegal price fixing”
Procedural preferences
On a 28 U.S.C. 1404(a) transfer motion he gives substantial deference to the plaintiff's chosen home forum, and the movant bears the burden of showing the proposed forum is more convenient -- a burden he held a movant failed to carry even where both remaining parties lived out of state.
“A plaintiffs chosen forum is entitled to substantial deference, particularly where the chosen forum is the plaintiffs home forum”
He disfavors arguments raised for the first time in a reply brief, declining to resolve thinly-briefed statute-of-frauds defenses that gave the opposing party no chance to respond.
“this Court considers Schumacher's arguments in this regard, asserted for the first time in her reply brief, to be disfavored. First, such late-asserted arguments do not provide Carl Steen an opportunity to respond”
Cautions
On costs, being on the right side of a jury verdict is not enough -- he focuses on who prevailed 'as to the substantial part of the litigation,' so a plaintiff who wins a modest verdict on a fraction of its claimed damages can be denied costs and taxed with the defendant's.
“the court cannot conclude that the plaintiff is the prevailing party '... as to the substantial part of the litigation' contemplated in Rule 54 and accordingly, denies its claim for costs”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court GRANTS Greeneroft's motion for summary judgment and DENIES AS MOOT Green-croft's motion to correct this Court's order setting a trial date”
“Furniturefind's motion for summary judgment is GRANTED [Doc. No. 23]”
“Defendant's motion for summary judgment [Doe. No. 49] is GRANTED IN PART and DENIED IN PART; ... Defendant's motion as it relates to Plaintiffs claims for a violation of Section One of the Sherman Antitrust Act, tortious interference with a business relationship, and breach of duty to an agent is GRANTED; ... as it relates to its counterclaim for breach of contract is GRANTED as to liability only; ... as it relates to the damages associated with the breach of contract counterclaim is DENIED”
“Because the plaintiff did not prevail on a substantial part of the litigation and the defendant did, the plaintiffs claim for costs is DENIED and the defendants' is GRANTED”
“Vector is now GRANTED its costs in the amount of $6,679.62”
“this Court now GRANTS Schumacher's motion to amend the complaint to provide a clear statement of federal question jurisdiction. [Doc. No. 29]”
“this Court now DENIES Carl Steen's motion to transfer. [Doc. No. 15]”
“this Court DENIES Schumacher's motion to dismiss. [Doc. No. 22]”
A historical record
Judge Nuechterlein 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.