Hugh H. Bownes
Judge Bownes no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bownes decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He read federal statutes using Congress's full constitutional reach when the enacted commerce language incorporated that breadth.
“the scope of the term ‘affecting commerce’ in the Age Discrimination in Employment Act is coextensive with that of the Commerce Clause”
He enforced unambiguous contract language and rejected attempts to evade it by redescribing the same dispute as a tort claim.
“The plaintiff cannot avoid the plain words of the contract and the parol evidence rule by the use of a tort claim.”
He treated written arbitration clauses as binding procedural commitments rather than optional alternatives once a dispute arose.
“Title 9, U.S.C. § 3 is a clear mandate to this Court that arbitration agreements in contracts shall be upheld.”
Procedural preferences
At the pleading stage, he left genuinely disputed motive and justification questions for the jury rather than resolve them on the papers.
“A question of fact has, therefore, been presented and the jury is the final arbiter.”
Cautions
For preliminary relief, irreparable harm alone was insufficient when the movant could not also show a probability of success on the merits.
“While there may be irreparable harm to the plaintiff if the dealership is terminated, there is not a probability of success on the merits.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motion to dismiss is granted.”
“The motion to dismiss is granted.”
“The answer to the second ccunt is treated as a motion to dismiss and it is denied.”
“The plaintiff Company’s motion to remand is denied.”
“The plaintiff Company’s motion in the alternative to compel arbitration and enjoin continuation of the strike is denied.”
“The Court, therefore, grants the defendant’s motion for judgment of acquittal.”
“The petition to convene a Three-Judge Court is denied;”
“motion for temporary restraining order is moot.”
“the motion for judgment of acquittal is granted.”
“The plaintiff’s motion as to item 3 in its request for production of documents is denied.”
“Defendant’s motion for summary judgment is granted.”
“the plaintiff’s motion for summary judgment is granted.”
“That the defendants are ordered to make available forthwith to the plaintiff an aliquot portion of the foreign pickers”
A historical record
Judge Bownes 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.