Joseph Clemens Howard
How Judge Howard rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Howard no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Howard decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Jeffrey Banks, Howard applied the complaint-stage rule by resolving doubts in favor of the pleader.
“The question therefore is whether in the light most favorable to plaintiff, and with every doubt resolved in [its] behalf, the complaint states any valid claim for relief.”
In Garrett, he reconciled the federal safety statute with state tort law rather than treating regulation as implied displacement.
“This Court holds that the most reasonable way to reconcile the language of the National Motor Vehicle Traffic Safety Act does not preempt plaintiffs’ common law claims.”
In Uhrig, Howard rejected a claimed tax immunity by pairing citizenship rights with legal obligations.
“As a citizen, Uhrig has not just rights but obligations, and he cannot evade the obligation to pay taxes owed by claiming immunity.”
Procedural preferences
In Bidwell, Howard required specific factual support rather than legal conclusions to resist summary judgment.
“Of particular importance to this motion, denials in the form of legal conclusions, unsupported by documentation or specific facts, are insufficient to create issues of material fact that would preclude summary judgment.”
In ESIC, he required a stay-relief movant to explain the merits of the underlying actions rather than merely identify them.
“As the Court reads this prong of the four-part test, the movant must do more than show it has actions pending and do more than simply indicate to the Court what type of action it is.”
In the Severn River Bridge litigation, Howard confined review to whether the agencies’ expert-based decisions were arbitrary or capricious.
“It is not for this Court to substitute its judgment for that of the experts who conducted the study or the Defendants who relied upon it.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“that defendant Amtrak’s motion to dismiss. or, in the alternative, for summary judgment BE, and the same hereby IS, GRANTED;”
Howard approved and entered a negotiated modification of the foster-care consent decree; no contested motion outcome was classified.
“1) that the counterclaim plaintiffs’ motion for summary judgment as to the first counterclaim BE, and the same hereby IS, GRANTED as to liability; 2) that the counterclaim plaintiffs’ motion for summary judgment as to the first counterclaim BE, and the same hereby -,S, DENIED as to damages; *400”
“3) that the counterclaim plaintiffs’ motion for summary judgment as to the second counterclaim BE, and the same hereby IS, GRANTED as to liability; 4) that the counterclaim plaintiffs’ motion for summary judgment as to the second counterclaim BE, and the same hereby IS, DENIED as to damages;”
“that the counterclaim defendants’ motion for summary judgment BE, and the same hereby IS, DENIED.”
“the Defendants’ Motion for Summary Judgment will be granted”
“the Plaintiffs’ applications for preliminary injunction denied.”
Howard found Rigatuso competent to stand trial after independently weighing conflicting expert evidence; no party-filed motion outcome was classified.
“that Vega’s motion to vacate the stay of the proceedings BE, and the same hereby IS, DENIED;”
“Counsel is entitled to compensation for 22.0 hours of work at a rate of $80 per hour. His total fee, then, is $1,760.00.”
“that defendant’s motion for summary judgment BE, and the same hereby IS, DENIED;”
“4) That Ms. Garon’s motion to vacate the stay is hereby GRANTED. However, the stay is lifted only with respect to foreclosure proceedings regarding the disputed parcel of real property located in the Town of Hillsdale, Columbia County, New York. Each and every other aspect of the stay imposed in this case remains unaffected by this Order.”
Howard approved a foster-care consent decree after notice, a fairness hearing, and review of objections; attached prior rulings were not re-counted as current motion outcomes.
“that the motion for judgment on the pleadings or for partial summary judgment submitted on behalf of defendant, Ford, BE, and the same hereby IS, DENIED;”
After a bench trial, Howard found the Army failed to reasonably accommodate a qualified employee and ordered relief; no motion outcome was classified.
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 2179 days (N = 10).
A fixed-seed sample of ten post-appointment historical cases included three asbestos matters, two assault or defamation matters, one other statutory action, three civil-rights matters, and one case without a recorded nature of suit. Every sampled case was terminated, and none retained a motion-entry timeline.
A historical record
Judge Howard 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.