David Frank Hamilton

U.S. District Court for the Southern District of Indiana district Retired 2009 · served 1994–2009 Appointed by Bill Clinton (Democratic) 20 signed orders read

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

How Judge Hamilton decides

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

What persuades

In FDCPA consumer-protection cases he read the statute purposively and consequentially, declining to extend the Fifth Circuit's Goswami rule because a theory treating any time-limited discount offer as a false 'one time only' representation would discourage the very settlements the Act is meant to facilitate.

“Whether intentionally or not, plaintiffs’ theories in these cases would turn the FDCPA upside down and would make it more difficult for debtors to resolve their debts at a discount.”

In an influential early Americans with Disabilities Act decision he held that the duty of reasonable accommodation does not override a bona fide collective-bargaining seniority system at other employees' expense — a limit later echoed by the Supreme Court in US Airways v. Barnett.

“The court concludes that the ADA does not require as a ‘reasonable accommodation’ actions that would violate a bona fide seniority system at the expense of other employees’ rights under a collective bargaining agreement.”

Procedural preferences

On Rule 12 motions he decided threshold legal questions on the pleadings where the operative documents were attached to the complaint, resolving as a matter of law whether alleged representations could plausibly mislead rather than deferring every such question to a jury.

“In this case, the settlement letters were not false, and they are not reasonably susceptible to a deceptive or misleading interpretation.”

Signed rulings

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

Headen v. Asset Acceptance, LLC
· 2006-03-28
Motions to dismiss (defendant) Granted

“the court grants defendant’s motion to dismiss the amended complaint (Docket No. 40) and its supplemental motion to dismiss the amended complaint (Docket No. 42)”

Motion for sanctions (defendant) Denied

“the court denies the defendant’s motion for sanctions filed in Evory v. RJM Acquisitions Funding, LLC, No. 1:05-cv-0140”

Captain v. ARS National Services, Inc.
· 2009-07-09
Summary judgment (plaintiff) Granted in part

“Captain’s motion for summary judgment is granted in part and denied in part.”

Summary judgment (defendant) Denied

“ARS’s motion for summary judgment is denied.”

St. Paul Travelers Companies, Inc. v. Corn Island Shipyard, Inc.
· 2006-03-31
Summary judgment (plaintiff) Granted

“St. Paul’s motion for summary judgment is granted”

Summary judgment (defendant) Denied

“Corn Island’s motion for summary judgment is denied”

Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc.
· 2007-03-26
Summary judgment (plaintiff) Granted in part

“CPI’s motion for summary judgment on infringement (Remand Docket No. 72) is granted to the extent that any proven actual use of the St.Jude devices for cardioversion therapy infringes claim 4 as a matter of law. CPI’s motion is denied in other respects”

Summary judgment (defendant) Denied

“St. Jude’s motion for summary judgment on the issue of infringement (Remand Docket No. 85) is also denied.”

Summary judgment (defendant) Granted

“the court therefore grants St. Jude’s motion for summary judgment on the ground of anticipation (Docket No. 80)”

Zusy v. International Medical Group, Inc.
· 2007-06-12
Summary judgment (defendant) Granted

“defendant’s motion for summary judgment is granted as to all of Zusy’s claims.”

Motions to strike (defendant) Denied

“IMG has also moved to strike Zusy’s deposition errata sheet and affidavit. This motion is denied.”

Headen v. Asset Acceptance, LLC
· 2005-08-23
Motions to dismiss (defendant) Granted

“the defendants’ motions to dismiss the complaints are granted”

Fidler v. City of Indianapolis
· 2006-04-20
Summary judgment (defendant) Granted in part

“defendants’ motion for summary judgment (Docket No. 37) is GRANTED as to Fidler’s claims against Officer Hendricks, his negligent training constitutional claim against City of Indianapolis (Count V) ... The motion is DENIED as to Fidler’s excessive force and failure to restrain claims against Officers Santa and Hofmeister”

Motions to strike (defendant) Denied

“Defendants’ motion to strike is denied.”

Nerds on Call, Inc. (Indiana) v. Nerds on Call, Inc. (California)
· 2008-12-22
Motion for reconsideration (defendant) Granted

“defendants’ motion for reconsideration (Docket No. 52) is granted”

Motion to convert (defendant) Moot / procedural

“defendants’ recent motion to convert their motion to dismiss into a motion for summary judgment, Dkt. No. 67, is denied as moot”

Hofts v. Howmedica Osteonics Corp.
· 2009-02-11
Motions to dismiss (defendant) Denied

“Howmedica’s motion to dismiss Counts I and IV through IX of Hofts’ Amended Complaint has been denied”

Brown v. Metropolitan School Dist. of Lawrence Tp.
· 1996-01-23
Motions to dismiss (defendant) Granted

“Defendant’s Motion to Dismiss/Motion for Summary Judgment is GRANTED”

Ebea v. G & H Diversified
· 2009-03-11
Summary judgment (defendant) Denied

“G & H’s motion for summary judgment is denied”

Hawkins v. George F. Cram Co.
· 2005-10-28
Summary judgment (defendant) Denied

“genuine issues of material fact require denial of Cram’s motion for summary judgment as to both the age and disability discrimination claims”

A historical record

Judge Hamilton 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.