Edward William Day
How Judge Day rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Day no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Day
Edward William Day was a judge of the United States District Court for the District of Rhode Island. Appointed by President Dwight D. Eisenhower, Judge Day received a commission on February 9, 1954. Judge Day assumed senior status on March 19, 1976 and served until death on October 22, 1985.
How Judge Day decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Heyman Manufacturing Co. v. Electrix Corp., Day denied a preliminary injunction in a patent case because the plaintiff offered no evidence of irreparable injury and had not shown that the defendants' new invalidity defense was a sham.
“Here the record is devoid of any evidence that the plaintiff may be unable to recover adequate damages from the defendants if it prevails in this suit.”
In International Detective Service v. United States, Day upheld a temporary trucking authority after finding evidence of an urgent need for the service and no arbitrary or capricious action by the agency.
“Accordingly, said order of the Commission is affirmed and judgment shall be entered in favor of the defendants.”
Procedural preferences
In Nickerson v. Gilbert, Day denied federal revenue officers' summary judgment motion because their claim of good faith in executing a tax levy turned on a genuine factual dispute.
“Additionally, it must be noted that there is in this case a genuine issue of material fact which precludes the grant of the defendants’ motion for summary judgment insofar as said motion is based upon the defendants’ ‘qualified’ immunity from suit.”
In Provencal v. Allegheny Airlines, Day dismissed the union members' complaint without prejudice because they did not allege that they had exhausted internal union remedies or that doing so would have been futile.
“Such dismissal is without prejudice to the right of the plaintiffs to file an amended complaint alleging exhaustion of intra-union remedies or facts upon which the Court may properly find that such exhaustion of remedies would be futile.”
Cautions
In McGarry v. Curvin, Day dismissed a challenge to Rhode Island election laws because the plaintiffs had not been charged under them or alleged a specific present injury or threat.
“In my opinion the plaintiffs’ complaint fails to state any claim or claims which would entitle them to relief. Accordingly, the motion of the respondents to dismiss this action must be and is granted.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motion to correct the sentence imposed on Count I is denied.”
“Accordingly, the ■motion for a preliminary injunction must ■be and it is denied.”
“Said motion to dismiss is accordingly denied.”
“Accordingly, judgment will be entered in favor of the plaintiff against said defendant, Pan Atlantic Cia Naviera, in the sum of $5,000, without interest, as stipulated.”
“the decedent’s claim for damages for conscious pain and suffering did not survive his death and that the plaintiff in her capacity as administratrix of his estate may not recover damages therefor”
“Therefore, the Court finds defendant guilty of the offense charged in the indictment.”
“Therefore, the Court finds the defendant guilty of the offense charged in the indictment.”
“judgment must be and will be entered in favor of the defendant Falstaff Brewing Corporation.”
“Accordingly, his petition for a writ of habeas corpus must be and it is denied.”
“Accordingly, his petition for a writ of habeas corpus must be and it is denied.”
“Accordingly, said order of the Commission is affirmed and judgment shall be entered in favor of the defendants.”
“Accordingly, an order will be entered granting his petition for a writ of habeas corpus and, since he is being illegally deprived of his liberty, discharging him immediately from the custody of the United States Navy and from the custody of the respondents.”
“Accordingly, said orders of the Commission must be and are affirmed and judgment will be entered in favor of the defendants.”
Caseload & timing
From public federal docket records for this judge.
No case-level electronic docket record survives in the reviewed archive for Day's tenure, so no caseload mix, duration, or motion-timing summary is available.
A historical record
Judge Day no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.