Avern Levin Cohn

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

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

Court
U.S. District Court for the Eastern District of Michigan
Position
district
Status
Retired 2022
Served
1979–2022
Appointed by
Jimmy Carter (Democratic)
Commissioned
1979-09-26
Education
University of Michigan (attended, 1943); University of Michigan Law School (J.D., 1949)
Signed orders read
18

How Judge Cohn decides

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

What persuades

The court disqualified an arbitrator who had undertaken related adverse representation without making the disclosure required by the arbitration agreement.

“Waun violated the Arbitration Agreement.”

Procedural preferences

The court struck a jury demand where the parties had knowingly and voluntarily waived trial by jury and no evidence established a limiting condition.

“Defendants clearly, knowingly, and voluntarily waived their right to a jury trial.”

The court held fraud claims in abeyance to permit amendment, while requiring the revised pleading to satisfy both the specific fraud rule and ordinary plausibility standards.

“Claims of fraud must also comply with Fed. R. Civ. P. 8.”

Cautions

The court denied a large fee request where the suit had been litigated seriously and the prevailing party had not shown an exceptional case or bad faith.

“There is no reason to disturb the American rule which requires each party to pay its attorneys.”

Signed rulings

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

Novo Nordisk A/S v. Caraco Pharmaceutical Laboratories, Ltd.
· 2009-09-24
Summary judgment (defendant Caraco Pharmaceutical Laboratories) Granted

“Caraco is entitled to a mandatory injunction requiring Novo to request the FDA to delist the U-968 listing for Prandin, and reinstate its former U-546 listing for Prandin.”

Porter v. City of Flint
· 2010-09-08
Motion to disqualify arbitrator (defendant) Granted

“MEMORANDUM AND ORDER GRANTING DEFENDANT’S MOTION TO DISQUALIFY ARBITRATOR THOMAS WAUN”

United States v. Conyers
· 2010-08-17
Motion for bond pending appeal (defendant) Denied

“Now before the Court is Defendant Conyers’ Motion for Appeal Bond (Doc. 198). The motion is DENIED.”

United States v. Riddle
· 2010-01-19
Motion to dismiss or stay and for evidentiary hearing (defendant) Denied

“For the reasons stated above, defendant’s motion is DENIED.”

Motion for reconsideration (defendant) Denied

“For the reasons that follow, the motion is DENIED.”

Halter v. Eichenlaub
· 2008-07-25
Motion for injunctive order of protection and cease and desist (petitioner) Denied

“ORDER DENYING PETITIONER’S PRO SE, EX PARTE MOTION FOR INJUNCTIVE ORDER OF PROTECTION AND CEASE AND DESIST, AND MOTION FOR ORDER OF COMPLIANCE TO JUDGMENT, AND WRIT OF EXECUTION INSTANTER, AND MOTION FOR EXPEDITIOUS ADJUDICATION AND EXECUTION, AND MOTION TO PROCEED PRO SE AND IN FORMA PAUPERIS”

Motion for order of compliance and writ of execution (petitioner) Denied
Motion for expeditious adjudication and execution (petitioner) Denied
Motion to proceed pro se and in forma pauperis (petitioner) Denied
Ludwig v. Township of Van Buren
· 2010-01-13
Summary judgment (defendant) Granted

“For the reasons stated above, Van Buren’s motion for summary judgment is GRANTED. This case is DISMISSED.”

JP Morgan Chase Bank, N.A. v. Winget
· 2009-07-20
Motion to strike jury demand (plaintiff) Granted

“For the reasons discussed above, the Agent’s motion to strike Defendants’ jury demand is GRANTED.”

Bates v. Provident Life & Accident Insurance
· 2009-01-29
Summary judgment (plaintiff) Granted

“Accordingly, Bates’ motion for partial summary judgment on Provident’s affirmative defenses of ERISA preemption and failure to exhaust administrative remedies is GRANTED.”

3D Systems, Inc. v. Envisiontec, Inc.
· 2010-03-09
Summary judgment (defendants) Granted in part

“MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS OF SPECIAL MASTER (Doc. Nos. 146, 153) AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT (Doc. No. 104) AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT OF INFRINGEMENT (Doc. No. 119)”

Summary judgment (plaintiff) Denied

“Plaintiffs motion for summary judgment of infringement is DENIED.”

Intellectual Science & Technology, Inc. v. Sony Electronics, Inc.
· 2010-05-04
Application for attorney fees (defendant) Denied

“For the reasons that follow, the application is DENIED.”

Lifestyle Lift Holding Co., Inc. v. Prendiville
· 2011-03-09
Motions to dismiss (defendant) Granted

“Accordingly, Prendiville’s motion to dismiss for lack of personal jurisdiction is GRANTED.”

Taco Especial v. Napolitano
· 2010-03-15
Summary judgment (defendants) Granted

“For the reasons stated above, the government’s motion is GRANTED and plaintiffs’ motion is DENIED.”

Summary judgment (plaintiffs) Denied

Caseload & timing

From public federal docket records for this judge.

Cohn carried a general civil and criminal trial caseload in the Eastern District of Michigan during active and senior service. The contested outcomes described here come from his published opinions.

A historical record

Judge Cohn 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.