Peter David Welte
How Judge Welte rules, drawn from 6 signed orders. Every observation links to the order it came from.
How Judge Welte decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Grants summary judgment for FCRA defendants who rely on reputable court-record sources with no notice of systemic errors, disposes of a case on alternative holdings (reasonable procedures and lack of actual damages), and is reluctant to exclude late-disclosed evidence absent bad faith.
“Advantage's motion for summary judgment is granted because Fraase did not suffer any actual damages.”
In a professional-liability coverage dispute, treated an attorney's pre-policy knowledge of a missed trial and resulting judgment as enough for a reasonable attorney to anticipate a malpractice claim.
“Upon entry of judgment against the Legacy Defendants after no one appeared at the trial, a reasonable attorney in the same position would have recognized the potential for a resulting malpractice claim.”
Procedural preferences
Affirms his magistrate judge's discovery rulings and protects a set trial date against stay tactics, holding stay-pending-appeal or -mandamus movants to the actual stay factors.
“On these facts, a stay pending review of the petition for a writ of mandamus is not warranted, and the Assembly's motion (Doc. No. 82) is DENIED.”
After resolving the only claim supporting original jurisdiction before trial, ordinarily declines supplemental jurisdiction over the remaining state-law claims.
“When all federal claims are eliminated before trial, the balance of the factors to be considered in deciding whether to exercise supplemental jurisdiction over state-law claims typically weighs against exercising jurisdiction.”
Cautions
Resists deciding statutory-interpretation questions on a thin record and will not certify questions to the state supreme court while material facts remain unresolved, denying partial summary judgment where fact issues abound.
“East Central's motion for partial summary judgment (Doc. No. 28) is DENIED.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“East Central's motion for partial summary judgment (Doc. No. 28) is DENIED.”
“Additionally, the City's motion to certify (Doc. No. 34) is DENIED.”
“And in turn, the Turtle Mountain plaintiffs' motion to set deadlines (Doc. No. 75) is GRANTED.”
“On these facts, a stay pending review of the petition for a writ of mandamus is not warranted, and the Assembly's motion (Doc. No. 82) is DENIED.”
“Fraase's motion for partial summary judgment (Doc. 64) is DENIED, and Advantage's motion for summary judgment (Doc. 66) is GRANTED.”
“Advantage's motion for summary judgment is granted because Fraase did not suffer any actual damages.”
“Petitioner’s petition for writ of habeas corpus (Doc. 1) is DISMISSED WITHOUT PREJUDICE.”
“For the reasons above, ALPS’s motion for summary judgment (Doc. No. 23) is GRANTED.”
“Considering the comprehensive briefing submitted, Legacy’s motion for hearing (Doc. No. 30) is DENIED.”
“For the reasons above, National Farmers’ motion for summary judgment (Doc. No. 44) is GRANTED.”
“Farmers Union’s motion for summary judgment (Doc. No. 40) is DENIED AS MOOT.”
Caseload & timing
From public federal docket records for this judge.
Durations span a fast alien-detainee habeas (12 days) to a 5.6-year prisoner-civil-rights case (2047 days). EEOC v. LM Wind Power remains pending (filed 2023-05-04, no termination). Small keyword sample; not a representative caseload.
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