Arthur A. Koscinski

United States District Court for the Eastern District of Michigan district Retired 1957 · served 1945–1957 Appointed by Harry S. Truman (Democratic) 20 signed orders read

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

How Judge Koscinski decides

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

What persuades

Koscinski treated a married plaintiff’s domicile as following her husband’s Illinois domicile where the record did not show a hostile separation establishing a distinct Michigan domicile.

“Plaintiff’s domicile at the time the complaint was filed was that of her husband, which was Elgin, Illinois, and there was, therefore, diversity of citizenship between the parties to this suit at the time of its filing.”

He resolved uncertainty about compliance with selective-service classification procedures in the criminal defendant’s favor.

“Any doubt, in a case of this kind, must be resolved in favor of the defendant.”

Procedural preferences

Koscinski would not require a court to search thousands of prolix pages for a cognizable habeas claim that the petitioner had not stated plainly.

“The law does not require, nor does justice demand, that a judge must grope through two thousand pages of irrational, prolix and redundant pleadings”

On transfer, he compared the concrete hardships to parties and witnesses and required the convenience-and-justice balance to markedly favor the movant.

“the balance for the convenience of parties' and witnesses, and in the interest of justice, markedly preponderates in favor of the defendant”

Cautions

Koscinski treated a patent holder’s failure to appeal an invalidity ruling or timely disclaim invalid claims as fatal to the entire patent.

“failure of plaintiff to either appeal in the first suit, or disclaim the invalid claims within a reasonable time, renders the entire patent invalid.”

He enforced the statutory investigation prerequisite for remission of a vehicle forfeiture, distinguishing cases where the claimant had completed the required inquiry.

“The case of Manufacturers Acceptance Corporation v. U. S., 6 Cir., 193 F.2d 622, is distinguishable in that claimant there made the statutory investigation, which was not done in the case at bar.”

Signed rulings

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

Shuey v. State of Michigan
Motions to dismiss (defendant Harry S. Toy) Granted

“this court must grant the motion of Harry S. Toy to dismiss *as to him.”

Sua sponte dismissal (court) Granted

“orderly court procedures require dismissal of the complaint as to all defendants, whether or not they were served with process or filed motions to dismiss.”

Seegers v. Strzempek
Motions to dismiss (defendant) Denied

“Defendant’s motion to dismiss is denied.”

Passic v. State
Habeas petition (petitioner) Denied

“It is therefore Ordered that the petition for writ of habeas corpus filed herein be, and the same is, hereby dismissed.”

Ann Arbor Tp. v. United States
Motions to dismiss (federal defendants) Granted

“For the reasons stated herein, defendants’ motion to dismiss the complaint is granted and the complaint is hereby dismissed.”

Bowles v. Weiner
Motions to dismiss (defendants) Denied

“Order denying motion to dismiss filed herewith.”

Industrial Models Corp. v. Kurtz
Summary judgment (defendants) Granted

“An order granting defendants’ motion for summary-judgment dismissing plaintiff’s complaint is ■being filed simultaneously herewith.”

Blake v. Kavanagh
Tax refund claim (taxpayers) Denied

“this court concludes that, at the time the properties involved in this suit were sold by plaintiffs, such properties were held by them primarily for sale to customers in their trade, business, or occupation as sellers of real estate, and that gains on such sales were ordinary income, taxable as such.”

United States v. Fleish
Motion to vacate sentence (petitioner) Denied

“Petitioner’s motion for vacation of his. sentence will be overruled.”

United States v. Knu-Vise, Inc.
Summary judgment (United States) Granted in part

“Under these circumstances it is the opinion of this- court that allowance of interest to plaintiff at the rate of 4% per annum will fairly and adequately compensate it for the delay in payment of its claim, and at the same time make allowance for factors which mitigate in defendant’s favor.”

United States v. One 1951 Chevrolet Delivery Sedan
Vehicle forfeiture claim (United States) Granted

“The Government may have forfeiture of the automobile.”

Petition for remission or mitigation (lender) Denied

“Claimant’s petition for remission or mitigation is denied.”

Partenreederei Wallschiff v. The Pioneer
Motion to vacate attachment (libelant) Denied

“For reasons herein stated It Is Ordered that libelant’s motion to set aside and vacate the attachment under which the M/V Wallschiff was arrested and seized be and it is hereby denied.”

United States v. Jackson
Judgment on the pleadings (United States) Granted

“plaintiff is entitled to a judgment on the pleadings for the amount of excessive profits determined, less the tax credit as allowed by the Department of Revenue, together with interest.”

Caseload & timing

From public federal docket records for this judge.

No case-level docket record assigned under Koscinski’s name was returned for his tenure. The profile therefore makes no claim about his complete caseload mix, case duration, administrative dispositions, or motion timing.

A historical record

Judge Koscinski 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.