Robert E. Wier
How Judge Wier rules, drawn from 27 signed orders. Every observation links to the order it came from.
How Judge Wier decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Strictly enforces the FTCA's administrative-exhaustion sequence: filing suit before a final agency denial is premature, and exhaustion completed while the case is pending does not cure the original defect.
“And the fact that the agency eventually denied Griss’s administrative tort claim during the pendency of this action does not justify a different result.”
Even under deferential benefits review, rejects medical opinions that do not fit the full record; when objective evidence clearly establishes entitlement, awards benefits rather than remanding.
“The only conclusion the Court can reach based on this record is that the Committee made an arbitrary benefits decision, one not supported by substantial evidence.”
Procedural preferences
Treats skeletal dismissal arguments as waived when a party supplies neither governing authority nor developed analysis of the claim elements.
“Defendants’ basis for dismissing the state law claims is clearly inadequate to obtain the relief sought; Defendants do not cite any legal authority as grounds for dismissal, nor do they identify the relevant elements of the claims that BGCF failed to adequately plead.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Court DENIES DE 25, Defendants' dispositive motion, without prejudice to their right to reassert their arguments on a more developed, post-discovery record.”
“The Court GRANTS in part DE 60, the Service's motion for summary judgment, for all claims except those related to the sufficiency of the Service's treatment of Heartwood's 2022 post-decisional supplemental materials”
“The Court DENIES in part DE 63, Heartwood's motion for summary judgment, for all claims except those related to the sufficiency of the Service's treatment of Heartwoods 2022 post-decisional supplemental materials”
“The Court DENIES DE 64, Heartwood's motion for preliminary injunction.”
“The Court DENIES DE 62, Heartwood's motion to supplement the record with documents and extra-record discovery.”
“The Court DENIES DE 67, Heartwood's motion for relief under Rule 56(d).”
“the Court GRANTS DE 86, Weaver's motion for summary judgment. The Court will enter a corresponding judgment.”
“The remainder of the Complaint (DE 1) is DISMISSED with prejudice for failure to state a claim upon which relief can be granted.”
“The Court GRANTS Eclipse's motion for summary judgment on Oehler's age discrimination claim and DENIES its motion on Oehler's wrongful termination and retaliation claims.”
“The Court DENIES DE 13, Peters's motion for summary judgment, and AFFIRMS the Agency decision under sentence four of 42 U.S.C. § 405(g).”
“The Court rejects the Rule 65 showing and DENIES DE 8.”
“The Court GRANTS the Government's motion to dismiss charged Violation #1 and accordingly DISMISSES Violation #1.”
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