Thomas Banister Russell
Judge Russell no longer hears cases. This profile is preserved as a historical record of how they ruled.
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.
“For the foregoing reasons, Third-Party Defendant’s Motion for Summary Judgment is GRANTED.”
“For the foregoing reasons, Plaintiffs motion to remand to the Circuit Court of Hardin County, Kentucky is DENIED.”
“FOR THE FOREGOING REASONS, Defendant’s Motion for Summary Judgement is GRANTED.”
“IT IS HEREBY ORDERED that Defendant Morgan Stanley Trust’s motion (DN 27) is DENIED”
“Defendant Craig Williamson’s motion (DN 34) is DENIED.”
“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.”
“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.”
“Plaintiffs Second Motion for Summary Judgment is DENIED”
“Defendant’s Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART.”
“For the foregoing reasons, the motion for judgment on the pleadings is GRANTED IN PART and DENIED IN PART.”
“IT IS HEREBY ORDERED that Defendant’s Motion to Strike Portions of Plaintiffs Complaint is DENIED.”
“IT IS HEREBY ORDERED that Plaintiff is GRANTED leave to file his First Amended Complaint.”
“IT IS HEREBY ORDERED that Defendants’ motion to dismiss (DN 5) is GRANTED.”
“For the foregoing reasons, the motion to remand is GRANTED”
“the motion to strike is DENIED as moot.”
“IT IS HEREBY ORDERED that Defendant’s Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART.”
“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.
A historical record
Judge Russell 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.