John T. Elfvin

How Judge Elfvin rules, drawn from 19 signed orders. Every observation links to the order it came from.

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

Court
United States District Court for the Western District of New York
Position
district
Status
Deceased
Served
1974–2009
Appointed by
Gerald Ford (Republican)
Commissioned
1974-12-21
Education
Cornell University, B.E.E., 1942; Georgetown University Law Center, J.D., 1947
Signed orders read
19

How Judge Elfvin decides

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

What persuades

Elfvin enforced a settlement placed on the record where counsel had authority and later dissatisfaction did not undo the agreement.

“Absent any hint that, e.g., the parties mutually agreed to rescind the agreement, these arguments merely suggest that the defendants got ‘cold feet,’ a condition for which the law provides no warming remedy.”

Elfvin upheld economic classifications where the government identified a legitimate savings objective and the chosen means had a rational connection to it.

“the Court concludes that the salary freeze as implemented was rationally related to a legitimate governmental purpose of budgetary savings and thus did not violate the Plaintiffs’ equal protection rights.”

Elfvin allowed a class-of-one equal-protection claim to proceed where the complaint alleged intentional differential treatment tied to constitutional activity.

“Such allegations are — at this preliminary stage of the litigation — sufficient to allow Bailey’s Equal Protection claim to proceed.”

Procedural preferences

Elfvin excluded evidence when officers initiated a stop without adequate justification, even though he separately expressed concern about drug trafficking.

“There was at that point no justification to stop Springer and the drugs subsequently found in his baggage and the statements later made are not admissible on trial.”

Elfvin distinguished poor litigation conduct from conduct serious enough to justify sanctions or fee shifting.

“The conduct of plaintiff’s counsel, while far from laudable, does not in the eyes of this Court warrant the imposition of a sanction under Fed.R.Civ.P. rule 11.”

Elfvin declined to consider an immunity argument first raised in a reply because the opposing party had no opportunity to respond.

“As this argument was made for the first time in reply, Bailey has had no opportunity to address it and the Court will not consider such argument on this Motion.”

Signed rulings

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

In re Application of Buran
· 2006-09-11
Motion for referral to bankruptcy court (bankruptcy debtor) Granted

“For the above stated reasons, it is hereby ORDERED that petitioner’s motion for referral (Dkt.#3) is hereby GRANTED and respondent’s cross-motion to remand is hereby DENIED without prejudice.”

Motions to remand (business respondent) Denied
Nelson v. Board of Education of Jamestown City School District
· 2006-01-27
Motions to dismiss (school-board defendants) Granted

“It is accordingly ORDERED that Nelson’s claim pursuant to 42 U.S.C. § 1983 for violation of her First Amendment rights is dismissed, the Court declines to exercise supplemental jurisdiction over the remaining claim and this case is dismissed without prejudice to Nelson’s seeking declaratory relief in New York State court.”

Young v. Credit Bureau of Lockport, Inc.
· 1989-12-19
Summary judgment (consumer plaintiff) Granted

“IT IS ORDERED AND ADJUDGED that plaintiff’s motion for summary judgment on the first claim for relief is granted”

Summary judgment (debt collector) Denied

“that defendant’s cross-motion for summary judgment on the first claim for relief is denied”

Summary judgment (debt collector) Granted

“that the defendant’s cross-motion for summary judgment on the second claim for relief is granted”

Curtiss v. Key Bank of Western New York, N.A.
· 1991-05-31
Motion for attorney fees and costs (bank) Denied

“Accordingly, it is hereby ORDERED that the defendant’s motion for attorney’s fees and costs incurred in prosecuting its motion for partial summary judgment is denied.”

United States v. Springer
· 1990-10-30
Motion to suppress (criminal defendant) Granted

“There was at that point no justification to stop Springer and the drugs subsequently found in his baggage and the statements later made are not admissible on trial.”

Jermosen v. Coughlin
· 1990-09-21
Motion for appointment of counsel (incarcerated plaintiff in CIV-89-918E) Granted

“Thus, it is hereby ORDERED that the plaintiffs motions for appointment of counsel in CIV-89-918E, CIV-89-1126E and CIV-89-1140E are granted.”

Motion for appointment of counsel (incarcerated plaintiff in CIV-89-1126E) Granted
Motion for appointment of counsel (incarcerated plaintiff in CIV-89-1140E) Granted
Flaherty v. Giambra
· 2006-08-30
Summary judgment (county defendants) Granted in part

“It is accordingly ORDERED that the Defendants’ Motion for Summary Judgment is granted in part”

Summary judgment (district-attorney employees) Denied

“and the Plaintiffs’ Motion for Summary Judgment is denied in its entirety.”

Reich v. Best Built Homes, Inc.
· 1995-05-30
Motion to enforce settlement (Secretary of Labor) Granted

“ORDERED that the plaintiffs motion to enforce the settlement agreement is granted and that the proposed Consent Judgment will be adopted by this Court forthwith.”

United States v. Vega
· 2005-08-17
Objection to report and recommendation (criminal defendant) Denied

“Accordingly, it is hereby ORDERED that Vega’s objections to the R & R are denied and the R & R is adopted in its entirety.”

Bailey v. Town of Evans, New York
· 2006-07-24
Motions to dismiss (town defendants) Granted in part

“Accordingly, it is hereby ORDERED that Defendants’ Motion to Dismiss the Complaint is granted as to all claims against Chase and denied in all other respects.”

United States v. Gardin
· 2006-09-11
Objection to report and recommendation (United States) Denied

“Accordingly, it is hereby ORDERED that the government’s objections are overruled and the R & R is adopted in its entirety.”

Savino v. Lloyds TSB Bank, PLC
· 2007-06-14
Motions to dismiss (bank) Granted

“Accordingly, it is ORDERED that Lloyds’ Motion to Dismiss the Amended Complaint is GRANTED, the Amended Complaint is dismissed and the Clerk of the Court is directed to take all steps necessary to close the case.”

Caseload & timing

From public federal docket records for this judge.

The sampled matters included securities, negotiable-instrument, prisoner, employment, consumer-credit, insurance, tax, foreclosure, forfeiture, and civil-rights disputes. Sparse docket text prevents duration, timing, or broad base-rate conclusions.

A historical record

Judge Elfvin 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.