Thomas Aquinas Higgins
How Judge Higgins rules, drawn from 10 signed orders. Every observation links to the order it came from.
Judge Higgins no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Higgins decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Higgins treated the federal archaeological statute as the exclusive route for seeking exhumation from federal land when the state petition did not satisfy that statute.
“ARPA is simply the only remedy through which the State or anyone else can seek the exhumation of the body of Captain Lewis.”
Procedural preferences
Higgins distinguished evidentiary weight from admissibility when prior factual findings remained relevant despite concerns about the setting in which they were made.
“these concerns go to the weight of these factual findings, not to their admissibility.”
Cautions
Higgins treated a prevailing party’s delayed discovery of decisive evidence as a substantial reason to deny a fee award.
“This significant oversight weighs heavily against awarding fees.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons discussed above, the Court grants the defendants’ motions to dismiss made at the close of plaintiffs’ proof.”
“the plaintiffs motion (filed September 9, 1996; Docket Entiy No. 9) for partial summary judgment is granted in part and denied in part”
“the defendant’s motion (filed September 10,1996; Docket Entry No. 19) for summary judgment is granted in part and denied in part.”
“the defendant’s motion (filed May 30, 1997; Docket Entry No. 45) for summary judgment is granted.”
“The plaintiffs’ motion (filed June 2, 1997; Docket Entry No. 49) for partial summary judgment is denied.”
“the State’s motion to remand will be denied”
“the United States’ motion to amend the notice of removal will be denied as moot.”
“the United States’ motion to dismiss the State’s petition to exhume will be granted.”
“The defendants’ motions (Docket Entry Nos. 47 and 49) to dismiss shall be denied.”
“The motion (filed September 21, 1998; Docket Entry No. 62) for summary judgment by defendants Compass Series E, Ltd.; Beacon Global Advisors, Ltd.; Beacon Global Advisors, Inc.; John H. Groth and Robert Henrich is GRANTED except as to plaintiffs’ contract claim against Compass Series E, Ltd.;”
“The plaintiffs’ motion (Docket Entry No. 94) in limine shall be granted as to the plaintiffs’ tort claims, but denied as to their contract claim.”
“The Court concludes that the plaintiffs’ motion for partial summary judgment as to the liability of Treetop and Mr. William Ezell for FLSA violations should be granted, but denied as to Mr. Shaub’s liability as an employer under the FLSA.”
“The defendants’ motion for summary judgment should be denied, except as to Mr. Shaub, who is not liable for these violations, and as to their good faith defense barring liquidated damages and limiting recovery to the two-year period before filing suit.”
“The plaintiffs’ motion to strike shall be granted.”
“The defendants’ motion to supplement its statement of undisputed facts shall be granted.”
“For the reasons stated below, the Court shall grant the defendant’s motion for emergency injunctive relief.”
“the Court grants the State’s motion for summary judgment.”
“the defendants’ motions to dismiss will be granted.”
“the motion (Docket Entry No. 83) of Columbia/HCA Healthcare Corp., Drs. Frist and Averhoff and Messrs. McWhorter, Reichardt, Long and McNaughton to strike is denied as moot.”
“The plaintiffs’ motions for class certification, (filed February 11, 1998; Docket Entry No. 102) for class certification, to ascertain status of the case (filed February 3, 1999; Docket Entry No. 175), and for case management conference (filed May 25, 1999; Docket Entry No. 177) are moot.”
“The plaintiffs’ motion for judicial notice (filed July 26, 1999; Docket Entry No. 184) is denied pursuant to Federal Rule of Evidence 201.”
“The defendants’ motion to take judicial notice (filed January 8, 1998; Docket Entry No. 86) is granted.”
“Accordingly, the plaintiffs’ motion (Docket Entry No. 193) to alter or amend the judgment and for leave to file a second consolidated amended complaint is denied.”
“The motion (filed Dec. 9, 2002; Docket Entry No. 288) by the defendants Songs and Universal, Inc. and DJ Yella Muzick for attorney’s fees and nontaxable costs is denied.”
Caseload & timing
From public federal docket records for this judge.
The eleven sampled closed matters include habeas and prisoner litigation, personal-injury and product-liability claims, employment, copyright, insurance, contract, and commerce disputes. This small historical sample does not describe the full caseload.
A historical record
Judge Higgins 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.