Elmer David Davies
How Judge Davies rules, drawn from 18 signed orders. Every observation links to the order it came from.
Judge Davies no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Davies decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Davies treated the final text of a consent decree as controlling when a requested reservation appeared only in counsel’s correspondence.
“The Court can transact its business only through the medium of its orders and decrees”
Davies revisited an earlier ruling when intervening Supreme Court decisions made adherence likely to produce immediate reversal.
“it would appear to be an idle ceremony to stand on the present law of the case, resulting in an appeal which would immediately terminate in a reversal.”
Procedural preferences
Davies distinguished pleading detail needed for a responsive pleading from evidentiary material better obtained through interrogatories.
“information sought on evidentiary matters obtainable by interrogatories may not properly be obtained by a bill of particulars.”
Cautions
Davies strictly confined federal jurisdiction and declined to expand it by implication.
“It is also well settled that statutes relating to the jurisdiction of United States Courts are to be strictly construed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motions for these demands will, therefore, be granted in part and denied in part”
“This division of the motion, will, therefore, be denied.”
“the motion of defendant is therefore granted as to that part of paragraph 54 above indicated.”
“these divisions are granted in part and denied in part, as indicated in an order filed herewith.”
“The motion to dismiss is granted.”
“the motion to vacate will be overruled and disallowed.”
“The defendant’s motion, which also contains a motion to strike parts of the reply filed by plaintiff, is, therefore, overruled and denied.”
“plaintiff’s application for a preliminary injunction should be denied”
“injunction asked for will be granted by the court.”
“the Findings and Conclusions heretofore filed by the Referee in Bankruptcy are approved and adopted by the Court as its own, with the following exceptions:”
“the motion to dismiss will be granted.”
“all previous orders in this cause should be set aside”
“the motion of plaintiffs for a summary judgment should be granted.”
“the petition for the writ of habeas corpus should be sustained and the petitioner released from custody.”
“The motion to dismiss will be denied.”
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions predate representative electronic case-level dockets. This profile therefore makes no claim about complete caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Davies 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.