John Oliver Henderson

United States District Court for the Western District of New York district Deceased · served 1959–1974 Appointed by Dwight D. Eisenhower (Republican) 17 signed orders read

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

How Judge Henderson decides

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

What persuades

Henderson enforced the demanding statutory standard for enjoining federal tax collection where the government's factual position remained genuinely disputed.

“suits for injunctive relief may be maintained only if a plaintiff meets the ‘double burden’ of establishing (1) no adequate remedy at law and (2) ‘that under no circumstances could the Government ultimately prevail.’”

When reviewing a condemnation commission, Henderson treated disagreement with its factual findings as insufficient by itself to set aside the report.

“the disagreement with the factual conclusions of the commission does not furnish a legal basis for setting aside the commission’s report.”

Procedural preferences

After abstaining to allow state authorities to act on prisoners' religious rights, Henderson retained jurisdiction when further delay threatened meaningful relief.

“those same principles will not tolerate further delay.”

Signed rulings

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

Bauer v. Foley
· 1968-05-15
Motion for injunction (plaintiff) Denied

“the plaintiff’s motion is denied”

Motions to dismiss (defendant) Granted

“the government’s motion to dismiss granted.”

Aquavella v. Finch
· 1969-07-30
Motion to amend (plaintiffs) Granted

“The motion of the plainitffs to amend the complaint is granted.”

Motion for reargument (plaintiffs) Granted

“The motion for reargument of the motion to dismiss is granted.”

Motions to dismiss (defendants) Granted

“The amended complaint is dismissed for lack of jurisdiction”

Bethlehem Steel Corp. v. Foley
· 1967-10-23
Summary judgment (defendant) Granted

“judgment may be entered for the Government.”

United States ex rel. Kulis v. Mancusi
· 1967-04-05
Petition for writ of habeas corpus (petitioner) Denied

“Accordingly, the application is denied.”

Application for certificate of probable cause (petitioner) Granted

“A certificate of probable cause for appeal is granted.”

Application to appeal in forma pauperis (petitioner) Denied

“Permission to appeal in forma pauperis is denied”

United States ex rel. DeForte v. Mancusi
· 1966-11-16
Petition for writ of habeas corpus (petitioner) Denied

“The writ is dismissed.”

Application for certificate of probable cause (petitioner) Granted

“a certificate of probable cause for appeal is .granted.”

Application to appeal in forma pauperis (petitioner) Denied

“Permission to appeal in forma pau-peris is denied”

In re Emprise Corp.
· 1972-04-19
Petition to set aside or modify civil investigative demand (petitioner) Denied

“the petition of Emprise for an order setting aside or modifying the Demand and for leave to serve interrogatories on the Department of Justice are denied.”

Motion for leave to serve interrogatories (petitioner) Denied
Offermann v. Nitkowski
· 1965-12-09
Motion to convene three judge court (plaintiffs) Denied

“Plaintiffs’ motion is denied”

Motions to dismiss (defendants) Granted

“the defendants’ motion granted.”

Stewart-Warner Corp. v. Westinghouse Electric Corp.
· 1965-10-25
Motions to transfer (defendants) Granted

“The motion to transfer is granted.”

Motions to compel (defendants) Denied

“The motion to compel a complete reply is denied without prejudice”

SaMarion v. McGinnis
· 1966-04-12
Motion to remove (plaintiffs) Denied

“the court will deny plaintiffs’ motion in case No. 2 for removal of their case to this court”

Motion to intervene (plaintiffs) Granted

“will permit the plaintiffs, not already parties to this suit, to intervene as parties-plaintiff in actions Nos. 1, 3 and 4.”

Motion to consolidate (court and parties) Granted

“Actions 1, 3 and 4 are hereby consolidated.”

Coniglio v. Highwood Services, Inc.
· 1972-09-18
Motion for plaintiff class certification (plaintiff) Granted in part

“With respect to that more limited class, this court finds that all the requirements of Rule 23(a) have been met.”

Motion for defendant class certification (plaintiff) Denied

“plaintiff’s motion for a determination of a defendant class pursuant to Rule 23.2 is also denied.”

Messina v. Consolidated Freightways Corp.
· 1970-02-10
Summary judgment (plaintiff) Granted

“the plaintiff’s motion for summary judgment is granted in all respects”

United States v. Certain Parcels of Land
· 1970-02-10
Objections to commission report (government) Denied

“The court overrules all objections thereto raised by the government.”

Motion to approve commission report (defendants) Granted

“The court has examined the report of the commission, adopts its findings, and confirms that report”

Caseload & timing

From public federal docket records for this judge.

No electronic docket sample was available for a historical caseload description.

A historical record

Judge Henderson 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.