Falcon Black Hawkins Jr.
How Judge Hawkins rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Hawkins no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hawkins decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Kay, Hawkins applied deferential review when the record contained evidence supporting both sides of the disability-onset dispute.
“There being evidence on both sides, this court must apply the rule of law that requires it to uphold the Secretary’s decision if it is based upon substantial evidence.”
Procedural preferences
In Pearlstine, Hawkins required detailed fraud allegations before allowing a civil RICO counterclaim to proceed.
“The allegations of mail and wire fraud are insufficiently particular (1) to allow Pearlstine to meaningfully respond to the claims, and (2) to provide the court with any indicia of the veracity of the claims which would prompt the court to allow the claim to proceed in light of the risk of grave harm to the business reputation of Pearlstine.”
Cautions
In Levendag, Hawkins declined to extend a contested arbitration theory without clearer appellate direction.
“this court prefers to await a more definitive statement from a larger following of United States Supreme Court justices or a ruling from the Fourth Circuit before taking a position that would effectively bar plaintiffs from a Congressionally granted right to judicial resolution of alleged federal securities law violations.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the plaintiff’s motion for an injunction be, and the same is hereby, denied.”
“this court’s order filed August 26, 1985, be, and the same is hereby, vacated.”
“defendant’s motion to compel arbitration be, and the same is hereby, denied as to the plaintiff’s federal securities law claims as alleged in the plaintiff’s second and third causes of action, and that this motion be, and the same is hereby, granted as to the plaintiff’s remaining state law claims as alleged in plaintiff’s first, second and third causes of action.”
“defendant’s motion to stay these judicial proceedings pending resolution of the issues sent to arbitration be, and the same is hereby, denied.”
“the decision of the Bankruptcy Court be, and the same is hereby, reversed.”
“the judgment of the bankruptcy court dated June 8, 1988 be, and the same is hereby, affirmed.”
“Since the jury was properly instructed that they should consider the pre-trial confinement, the petitioner’s petition for relief is denied.”
“the Secretary’s decision awarding benefits as of May 27, 1985, be, and the same is hereby, affirmed.”
“the instant cases are hereby dismissed with prejudice.”
“the defendant’s motions for summary judgment be, and the same are hereby, granted.”
“the petition for removal was untimely filed and that this case should be, and the same is hereby, remanded to the Court of Common Pleas for Beaufort County, South Carolina.”
“the above-entitled action be remanded to the Court of Common Pleas, State of South Carolina, County of Beaufort;”
“plaintiffs’ request for attorneys’ fees is denied.”
“the plaintiff be awarded a period of disability and the right to disability insurance benefits as of November 26, 1977.”
“Strachan Shipping Company is entitled to judgment in its favor. It is, therefore, *222ordered that the Clerk enter judgment in favor of Strachan Shipping Company and that Southern Railway Company take nothing on its claim.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 133.5 days (N = 10).
A fixed-seed sample of ten terminated matters filed in 2002 included foreclosure, habeas, insurance, product-liability, prison-conditions, Social Security, and employment civil-rights cases.
A historical record
Judge Hawkins 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.