Herbert Stephenson Boreman
How Judge Boreman rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Boreman no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Boreman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Related compulsory and permissive counterclaims could be aggregated where doing so avoided a second lawsuit and resolved the full controversy.
“Reason and logic would seem to indicate that, in order to avoid a multiplicity of actions and settle the entire controversy between these parties in one action, the defendant should be permitted to aggregate the two claims here in question to make up the jurisdictional amount.”
The court enforced the elements chosen by the state legislature rather than adding age or intent requirements absent from the incest statute.
“The statute, as interpreted, indicates that the only material elements of the offense are (1) sexual intercourse, (2) between persons of the prohibited relationship.”
A survival claim failed where the legislature had considered and omitted the precise amendment that would have preserved it.
“it is clear that the Legislature considered an amendment which would have sustained the position which the plaintiff urges in this case but refused to adopt it.”
Procedural preferences
A state prisoner had to exhaust available review, including the then-required certiorari application, before seeking federal habeas relief.
“It is apparent that petitioner has failed to exhaust all remedies available to him in the state courts and cannot invoke the jurisdiction of this court in this proceeding.”
Counterclaims seeking affirmative recovery against the United States were dismissed while setoff allegations could be repleaded.
“Defendant’s counterclaims (a) and (b) will be dismissed and stricken from the defendant’s answer to the plaintiff’s complaint, with leave to the defendant, if so advised, to amend his answer so as to set forth claims of set-off”
Discovery was narrowed when requests swept broadly across unrelated installations without a sufficiently clear showing of relevance.
“the relevancy is not readily and clearly apparent.”
Cautions
A classification challenge failed where the administrative record contained a factual basis and the registrant had not exhausted the available appeal.
“if there is any basis in fact for the Board’s classification, or its refusal to put a registrant in a certain classification, the decision of the Board is final”
Escape and conspiracy to escape were separately punishable because cooperation was not an inherent element of the substantive offense.
“the substantive crime charged as the overt act and the conspiracy to commit it are entirely separate and distinct offenses”
Injunctive relief was unavailable without proof that blasting materially impaired the reasonable and safe use of the plaintiffs' property.
“The plaintiffs, the Gunthers, are not entitled to an injunction abating the explosives testing operations conducted by duPont.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
After trial, the court held that a 1917 mineral reservation did not authorize strip mining; no party motion was classified.
“The motion of the defendants to dismiss this action is sustained.”
After trial, the court awarded life-insurance proceeds to the policy's named beneficiary; no party motion was classified.
“Koppers need not answer that portion of this interrogatory which applies to publications by others. However, Koppers will be required to answer the remainder of the interrogatory and its objections thereto are overruled.”
“Count No. 1 was dismissed on motion of the defendant with consent of the United States Attorney.”
“The defendant’s motion for judgment of acquittal is denied.”
“Therefore, the Court is of the opinion that the defendant’s motion for judgment of acquittal must be denied, and the Court finds the defendant guilty as charged in the indictment.”
“It is the opinion óf the Court that the defendant’s motion for judgment of acquittal must be denied, and the Court finds the defendant guilty as charged in the indictment.”
“It is apparent that petitioner has failed to exhaust all remedies available to him in the state courts and cannot invoke the jurisdiction of this court in this proceeding. His petition for writ of habeas corpus ad subjiciendum is denied.”
“The application for the writ is denied and the petition will be dismissed as a matter of law without a hearing.”
After trial, the court held both asserted patents invalid and entered judgment for the defendants; no party motion was classified.
The court permitted foreclosure of federal tax liens on local real estate but dismissed the action against insurers; no party motion was classified.
“Since, from the petition and the records of the case, it conclusively appears that petitioner is entitled to no relief, his motion to vacate and set aside said judgment and sentence should be denied without a hearing.”
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions include habeas, criminal, patent, negligence, government-contract, tax, insurance, and property disputes. No electronic records are available to quantify the tenure.
A historical record
Judge Boreman 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.