Terence Thomas Evans
Judge Evans no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Evans decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He required transaction-specific evidence before extending environmental successor liability to an asset purchaser.
“This is not a situation in which a sale was structured to avoid a fairly likely potential liability.”
He treated state courts as fully competent to enforce federal supremacy when sovereign immunity prevented a federal remedy.
“A state court is perfectly competent to enforce the supremacy clause”
Procedural preferences
He reserved Rule 60 relief for exceptional circumstances and rejected attempts to use it to repeat previously decided arguments.
“Rule 60(b) provides for extraordinary relief only in exceptional circumstances.”
At summary judgment he left disputed limitations and discovery-rule questions to the factfinder when reasonable inferences could differ.
“If reasonable minds could differ as to the import of the evidence, however, [summary judgment] should not be [granted].”
Cautions
He declined Rule 11 sanctions where both sides advanced substantial arguments in a close dispute.
“The issue here is close. Merit abounds on both sides.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“summary judgment is GRANTED against James F. Banton in the amount of $15,635.25, plus costs.”
“summary judgment against Susan Banton is DENIED.”
“summary judgment is GRANTED against Susan Banton in the amount of $15,635.25, plus costs.”
“the defense motion for summary judgment is DENIED.”
“Great Northern’s and Fibreform Containers’s motion for partial summary judgment is DENIED.”
“DOR’s motion to dismiss Fox River Rail's counts 2 through 4 is GRANTED and those counts are DISMISSED.”
“DOR’s motion to stay further proceedings with respect to count 1 is DENIED.”
“The pending motion to consolidate them is GRANTED”
“all motions to dismiss and for summary judgment are DENIED.”
“plaintiffs motion for summary judgment is DENIED.”
“defendant’s motion is GRANTED IN PART — the claims based on the Wisconsin Fair Dealership Law and the implied covenant of good faith and fair dealing are DISMISSED — and DENIED IN PART.”
“the motion of Mid-America for summary judgment is GRANTED; Mid-America is DISMISSED from the case.”
“The defendants’ motion to vacate the clerk’s entry of default is GRANTED.”
“The defendants’ motion to allow the appearance of Paul T. Fox, James W. Marks, Bradley S. Block, and Michael Silverman is hereby GRANTED.”
“I GRANT the state’s motion and DISMISS the case. The dismissal, however, is without prejudice so that Mrs. Ziemer can refile her claim in a Wisconsin circuit court.”
“Superb Video’s motion for an injunction is DENIED in large part and GRANTED in small part.”
“the petitioners’ request for an injunction and stay must be DENIED.”
“both sides’ motions for rule 11 sanctions based on frivolity are also DENIED.”
A historical record
Judge Evans 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.