Ernest William Gibson Jr.
Judge Gibson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gibson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In assessing family-immunity doctrine, he considered how liability insurance changed the practical effect of allowing a child's negligence claim.
“It would seem unusual to deny the protection of such a common thing to those whom the insured would most desire to protect.”
He required an unmistakable legislative waiver before permitting a state to be sued in federal court.
“consent by a state to suit in a federal court must be by express legislative authority and in clear and express language.”
Procedural preferences
He treated preliminary injunctive relief as exceptional and demanded a concrete showing of irreparable harm.
“The equitable power of this Court to issue temporary injunctions must be used sparingly.”
He enforced timely venue objections and resisted amendments that would undo waiver after the cases were already at issue.
“To grant these motions would be to circumvent the waiver doctrine and would cause unnecessary delay and additional expense.”
Cautions
He would not resolve negligence on summary judgment when agency and causation depended on disputed facts.
“Hence, summary judgment cannot here be properly granted.”
He limited review of academic judgments but allowed trial where the record plausibly alleged arbitrariness or bad faith.
“the plaintiff is entitled to have these issues tried before this Court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Since the reparation order issued by the Commission in this case was not accompanied by a cease and desist order, this Court has no jurisdiction of the matters set forth in the complaint and the complaint is hereby dismissed.”
“The temporary restraining order issued by this Court on June 5, 1964 and extended to June 22, 1964 is hereby forthwith cancelled.”
“Issuance of a temporary injunction is hereby denied.”
“Therefore, it is hereby Ordered that the Defendant’s motion for Summary Judgment be and hereby is granted.”
“In the instant action, the Vermont statute of limitations had not run at the time of the filing of this action and therefore defendants’ motion to dismiss must be denied.”
“the motion for summary judgment must be denied.”
“That the request that the Judge be disqualified be and hereby is denied;”
“the Court finds and hereby certifies that the “Motion to Vacate Judgment” is without merit and that the petitioner may not proceed in forma pauperis;”
“That the “Motion to Vacate Judgment” is hereby denied.”
“It is therefore ordered that the motion of the Century Indemnity Company to have vacated the order bringing it in as a party defendant be denied;”
“Accordingly, it is ordered that the motion of plaintiffs for summary judgment be, and the same is hereby granted;”
“and that the motion of defendant for a summary judgment be, and the same is hereby denied.”
Caseload & timing
From public federal docket records for this judge.
No case-level docket record was returned for this 1949-1969 tenure. The profile therefore makes no claim about caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Gibson 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.