Thomas Rutherford Brett
Judge Brett no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Brett decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He required more than speculation to create a trial-worthy factual dispute at summary judgment.
“The Tenth Circuit requires ‘more than pure speculation to defeat a motion for summary judgment’”
Cautions
When reviewing an arbitration dismissal, he focused on whether the claimant received a fundamentally fair opportunity to present evidence.
“The issue is whether or not claimant Dalton was granted a fair hearing under the Arbitration Code to offer evidence in support of his factual claims.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“defendant’s Motion to Dismiss on the ground of a defective information is hereby sustained and the cause dismissed.”
“plaintiffs’ Motion for Summary Judgment is overruled.”
“the motion for summary judgment of the United States is sustained”
“the motion for summary judgment of Core Energy is overruled.”
“the plaintiffs’ Motion for Partial Summary Judgment is denied.”
“defendant’s Motion for Summary Judgment is also denied.”
“Defendant’s Motion to Dismiss Plaintiff’s *972 civil rights complaint and petition for Writ of Mandamus be and is hereby granted.”
“the decision of the Bankruptcy Court be and is hereby affirmed.”
“Wesley R. McKinney’s consolidated appeals in this matter be denied.”
“the injunction prayed for herein by Plaintiffs and Inter-venors directing the United States Army Corps of Engineers to revoke or suspend issuance of said permit until and unless an Environmental Impact Statement on the project is completed is denied.”
“the Defendants’ Motion for Summary Judgment be sustained and the case dismissed.”
“Defendants’ Motion to Dismiss is hereby SUSTAINED”
“Judgment is entered in favor of Defendants, City of Catoosa, James Enos Combs and Joe Garber, and against Plaintiffs”
A historical record
Judge Brett 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.