Thomas Banister Russell

How Judge Russell rules, drawn from 18 signed orders. Every observation links to the order it came from.

Judge Russell no longer sits on this court. This profile is preserved as a historical record of how they ruled here.

Court
United States District Court for the Western District of Kentucky
Position
District judge
Status
Retired 2023
Served
1994–2023
Appointed by
Bill Clinton (Democratic)
Commissioned
October 11, 1994
Education
Western Kentucky University, B.A. (1967); University of Kentucky College of Law, J.D. (1970)
Signed orders read
18

About Judge Russell

Thomas B. Russell was a judge of the United States District Court for the Western District of Kentucky. Appointed by President William J. Clinton, Judge Russell received a commission on October 11, 1994. Judge Russell assumed senior status on November 15, 2011 and retired on September 1, 2023.

How Judge Russell decides

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

What persuades

Russell looked past artful labels when a purported tort theory duplicated the same contingent indemnity injury.

“Because Dutchland’s negligent misrepresentation claim is really an indemnity claim in disguise, however, summary judgment as to this claim is also GRANTED.”

Russell enforced clear insurance limits as written and rejected ambiguity created by reading unrelated policy sections together.

“Whatever ambiguity that Primary Care claims to have found exists only because it is reading two unrelated sections of the policy, clearly delineated as such, in tandem.”

Procedural preferences

Russell deferred trustee fee reimbursement until success and reasonableness could be assessed on a completed record.

“the proper procedure is to allow Defendants to seek reimbursement from the Trust after the conclusion of this case, assuming Defendants are successful and their expenses reasonable.”

Russell limited an ERISA administrative record to decision materials actually used, while excluding sworn-unused internal guidance.

“only those that were relied upon to decide Plaintiffs claim should be included in the record.”

Signed rulings

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

ISP Chemicals LLC v. Dutchland, Inc.
· 2011-01-26
Summary judgment (engineering consultant) Granted

“For the foregoing reasons, Third-Party Defendant’s Motion for Summary Judgment is GRANTED.”

Daugherty v. Chubb Group of Insurance Companies
· 2011-10-17
Motions to remand (insured) Denied

“For the foregoing reasons, Plaintiffs motion to remand to the Circuit Court of Hardin County, Kentucky is DENIED.”

Primary Care Medical Center v. Peerless Indemnity Insurance
· 2011-01-18
Summary judgment (insurer) Granted

“FOR THE FOREGOING REASONS, Defendant’s Motion for Summary Judgement is GRANTED.”

Sierra v. Williamson
· 2011-03-24
Motion for payment of attorneys fees from trust (corporate trustee) Denied

“IT IS HEREBY ORDERED that Defendant Morgan Stanley Trust’s motion (DN 27) is DENIED”

Motion for payment of attorneys fees from trust (individual trustee) Denied

“Defendant Craig Williamson’s motion (DN 34) is DENIED.”

Motion for leave to file supplemental response or oral argument (trust beneficiaries) Moot / procedural

“Plaintiffs’ Motion for Permission to File Supplemental Response, or in the Alternative, for the Court to Schedule an Oral Argument (DN 52) is DENIED as moot.”

Thies v. Life Insurance Company of North America
· 2011-02-04
Motion to compel production (benefit claimants) Granted in part

“Plaintiffs’ Motion to Require Defendant’s Production of Materials Removed and/or Omitted from the Administrative Record (Docket # 54) is GRANTED IN PART and DENIED IN PART.”

James v. James Marine, Inc.
· 2011-08-04
Summary judgment (employee) Denied

“Plaintiffs Second Motion for Summary Judgment is DENIED”

Summary judgment (employer) Granted in part

“Defendant’s Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART.”

Breeden v. HCA Physician Services, Inc.
· 2011-07-13
Judgment on the pleadings (supervisor) Granted in part

“For the foregoing reasons, the motion for judgment on the pleadings is GRANTED IN PART and DENIED IN PART.”

Thompson v. Hartford Life & Accident Insurance
· 2010-10-12
Motions to strike (insurer) Denied

“IT IS HEREBY ORDERED that Defendant’s Motion to Strike Portions of Plaintiffs Complaint is DENIED.”

Motion for leave to amend (benefit claimant) Granted

“IT IS HEREBY ORDERED that Plaintiff is GRANTED leave to file his First Amended Complaint.”

Jackson v. Murray State University
· 2011-07-13
Motions to dismiss (state university and university president) Granted

“IT IS HEREBY ORDERED that Defendants’ motion to dismiss (DN 5) is GRANTED.”

Tinsley v. Connecticut General Life Insurance
· 2010-10-12
Motions to remand (insured) Granted

“For the foregoing reasons, the motion to remand is GRANTED”

Motion to strike erisa defenses (insured) Moot / procedural

“the motion to strike is DENIED as moot.”

Gifford v. American River Transportation Co.
· 2011-06-27
Summary judgment (vessel operator) Granted in part

“IT IS HEREBY ORDERED that Defendant’s Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART.”

S.B. ex rel. Brown v. Ballard County Board of Education
· 2011-02-01
Preliminary injunction (student) Denied

“IT IS ORDERED THAT Plaintiffs Motion for a Preliminary Injunction (DN 3) is DENIED.”

Caseload & timing

From public federal docket records for this judge.

The located historical matters included foreclosure, prisoner civil-rights, benefits, insurance, contract, employment, ERISA, and government-collection disputes. The sampled records did not contain usable motion timelines.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years0
ReportMotions over six monthsCases over three years
Mar 202600
Sep 202500
Mar 202500
Sep 202400
Mar 202400
Sep 202310
Mar 202300
Sep 202204
Mar 202205
Sep 202106
Mar 202104
Sep 202007

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

A historical record

Judge Russell no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.