Edward Clayton Eicher
Judge Eicher no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Eicher decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Technical evidence that skilled practitioners expected a process to fail, followed by its demonstrated success, supported his finding of patentable invention.
“The record as made in this Court is convincing that men skilled in the art found that riveting did not work and that it was generally assumed in the art that, a fortiori, welding would not work.”
A developed administrative record and the absence of contrary proof defeated a claim that an agency acted arbitrarily or capriciously.
“The record discloses, however, that the Board had full and sufficient evidence to support its decision that the Bank and Safe Deposit Companies should he considered a single unit for the purposes of election, and no evidence has been adduced to support plaintiffs’ contention that this action on the part of the Board was arbitrary or capricious.”
Cautions
He enforced an unambiguous lawful release as written and rejected an effort to avoid it based on an unfavorable bargain.
“When parties have made lawful contracts in language leaving no doubt as to the intention, there is no ground for any interference by the Courts, but the contract must be enforced as written.”
In the absence of fraud or duress, he favored preserving a marriage where the governing statute imposed penalties but did not expressly declare the marriage void.
“Holding the marriage to be valid in the absence of fraud or duress appears to be the better rule.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the service of process, the writ of ne exeat and the bond should be cancelled, leaving only the complaint which counsel for defendant has not successfully attacked. It is so ordered.”
“the motion of plaintiffs for a preliminary injunction will be denied”
“motion of defendants to dismiss will be granted.”
“the Motion of defendant Providence Hospital for Summary Judgment be and it hereby is granted and that plaintiff’s action be and it hereby is finally dismissed with prejudice.”
“Judgment, therefore, will be for plaintiffs”
“The petition for reconsideration is therefore denied.”
“The Motion to Quash Service is granted.”
“It follows that paragraphs 5, 6, and 7 should be executed as written in the original will and paragraph 4 as herein construed.”
“the motion of plaintiff for leave to file a second amended complaint should be denied”
“Also, plaintiff’s motion to amend and file exhibits is denied.”
“the defendant is entitled to the granting of his motion for summary judgment.”
“all pleas to the jurisdiction, motions to quash and demurrers that have been submitted must be denied and overruled”
“It follows that the Motion to Dismiss the Complaint must be sustained.”
“We are of the opinion that the Court below reached the correct -result and its judgment is accordingly affirmed.”
A historical record
Judge Eicher 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.