Hiram Emory Widener Jr.
How Judge Widener rules, drawn from 24 signed orders. Every observation links to the order it came from.
Judge Widener no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Widener decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Contemporaneous public and family records outweighed later, self-reported evidence about a benefits claimant's age.
“These early records, as well as the record of his daughter’s birth, which were established independently of plaintiff’s claim here, may be entitled to greater weight under the law.”
A claimant's refusal of treatment for a principal impairment weighed against a disability finding when the condition was subject to remedy.
“plaintiff’s refusal to be operated on for the ulcer puts his claim within the line of cases holding that an ailment subject to remedy cannot be the basis for a claim where treatment is refused.”
Procedural preferences
Separate claims derived from the same contract could not be aggregated merely for convenience when each claimant lacked the required jurisdictional amount.
“Aggregation of plaintiffs’ claim cannot be made merely because the claims are derived from a single instrument”
A transfer analysis considered governing law, evidence, witness location, comparative inconvenience, cost, and practical trial efficiency together.
“the trial can much more easily, expeditiously and inexpensively proceed in Georgia; and the plaintiffs are in no significant way handicapped by presenting their case in a district court in Georgia.”
Cautions
A taxpayer's accounting-method choice on the original return became binding after the filing period ended.
“By reporting their income from calendar 1960 sales on an accrual basis in their original return, plaintiffs elected an accounting method as to the income from those sales, which election became binding upon expiration of the statutory period for filing returns.”
An employer immune from an employee's tort claim under the compensation statute was also insulated from a third party's derivative contribution claim.
“Since third-party defendant Vaughan was insulated from tort liability to plaintiff Jennings by the Workmen’s Compensation Act, the court is of opinion that Vaughan is likewise insulated from any tort liability to third-party plaintiff Garrison.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“it is hereby adjudged and ordered that the petition for habeas corpus be, and the same hereby is, dismissed.”
The court directed the employees' reinstatement and seniority dispute to the exclusive railway-adjustment process; the writing does not identify a party motion producing the dismissal.
“An order is this day entered dismissing the petition for habeas corpus.”
“An order is this day entered dismissing the complaint in accordance with this opinion.”
“Accordingly, an order is this date entered granting defendant’s motion for summary judgment.”
“an order is this day entered granting defendant’s motion for summary judgment and denying plaintiff’s motion for summary judgment.”
“an order is this day entered denying the motion of plaintiff for summary judgment and granting the motion of defendant for summary judgment.”
“the defendant’s motion for summary judgment will be granted and the plaintiff’s motion denied.”
“an order is this day entered granting defendant’s motion for summary judgment and denying claimant’s motion for summary judgment.”
“an order is this day entered granting defendant’s motion for summary judgment and denying plaintiff’s motion for summary judgment.”
“an order is this day entered granting defendant’s, and denying plaintiff’s, motion for summary judgment.”
“An order is this day entered affirming the decision of the Referee.”
Caseload & timing
From public federal docket records for this judge.
Widener's reported Western District of Virginia decisions include Social Security, habeas corpus, labor, insurance, tax, bankruptcy, employment, civil-rights, patent, and commercial matters. The reviewed publications do not support a quantified caseload estimate.
A historical record
Judge Widener 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.