Russell Evans Smith
Judge Smith no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Smith decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Smith treated foreseeability and basic fairness as central to personal jurisdiction over nonresident defendants.
“Unless it can be said that the Texas defendants did something which would lead them as reasonable persons to foresee that they might be defendants in a lawsuit in Montana, it is simply unfair to bring them to this distant forum.”
He required administrative decisions to rest on the disclosed record rather than outside factual checking by the decisionmaker.
“The consideration of information not disclosed by the record influenced the decision and was error.”
A pleaded internal-union exhaustion defense did not convert a state claim into a removable federal action.
“If so, then perhaps defendant has a valid defense to the action, but that does not warrant removal.”
Procedural preferences
Smith declined advisory juries in Federal Tort Claims Act cases because the court remained responsible for deciding the facts.
“It seems to me that calling an advisory jury in a Federal Tort Claims case creates more problems than it solves, and I shall now and in the future exercise my discretion to try Federal Tort Claims cases unassisted by the advice of a jury.”
He treated the reason for an alleged age-based demotion as a jury question rather than resolving it on summary judgment.
“It is a question for the jury whether she was demoted because of her age.”
Smith enforced the statutory limits on administrative inspection authority even where he agreed with the inspectors' policy judgment.
“the OSHA inspectors have no power to make Plum Creek do something simply because the inspectors think it reasonable, and the fact that the court agrees with the inspectors adds neither to OSHA’s power nor to the court’s.”
Cautions
State agencies retained Eleventh Amendment immunity from noneconomic damages in federal court.
“Only noneconomic loss is claimed here, i. e., damages for harassment and humiliation, and the State has immunity.”
Smith dismissed a federal tort claim without prejudice where the alleged injury arose from military activity incident to service.
“The United States has moved to dismiss. That motion is granted.”
A constitutional claim failed where unequal relocation offers could reflect differing damages or bargaining rather than discriminatory treatment.
“That some citizens were offered more than others may be related to the damages or it may be related to the bargaining ability of the individuals involved, but in any event, it is not a denial of equal protection.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The above-entitled action is dismissed without prejudice.”
“It is my opinion that declaratory relief is not appropriate here and as a matter of discretion the application is denied.”
“This cause is remanded as to Count I only to the District Court of the Eighth Judicial District of the State of Montana in and for the County of Cascade. As to Counts II and III jurisdiction is retained.”
“A motion to enjoin the prosecution pending an appeal to the Circuit Court has now been filed. That motion is now denied.”
“The motion of the defendants Osborne and Musselman (herein the ‘Texas defendants’) to dismiss for want of jurisdiction over their persons is granted, and the action is dismissed as to them.”
“The motion for judgment is denied, and the action is dismissed as to the Tribe for want of jurisdiction.”
“Defendants’ objections to the levy are granted and the United States Marshal is directed to vacate any levies of execution or garnishment which are withholding from the defendant Dumont any wages due to him from his employer.”
“Defendant’s motion for summary judgment is granted. The action is dismissed, and IT IS ORDERED that judgment be entered denying plaintiffs all relief.”
“The petition for a writ of habeas corpus is denied.”
“A motion for summary judgment against the claimants has been granted in this federal tort claims case.”
“Let judgment be entered denying plaintiff any relief on its complaint and defendants any relief on the counterclaim.”
“IT IS THEREFORE ORDERED that the plaintiff’s complaint be dismissed and that the plaintiff be denied all relief, without prejudice, however, to whatever rights plaintiff may have under any law other than the Federal Tort Claims Act.”
“For the reasons stated, it is ordered that the action be dismissed and that plaintiffs be denied all relief.”
Caseload & timing
From public federal docket records for this judge.
The 18 reviewed decisions cover a broad litigation sample, but they do not establish the distribution of Smith's full caseload.
A historical record
Judge Smith 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.