Michael Boudin
Judge Boudin no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Boudin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He denied preliminary relief when the movant had not used the governing administrative process and could not show an existing or likely violation of law.
“Absent a likelihood that governing law has been or will be violated, no warrant exists for a preliminary injunction.”
When reviewing an agency's statutory interpretation, he treated continuity with a longstanding regulatory system as evidence that the agency retained discretion absent a clear congressional overhaul.
“Moreover, even if the language, structure, and legislative history of Section 355(j)(7)(B) all could be viewed as ambiguous or silent on this issue, the Court holds that the same absence of a Congressional intent to overhaul, rather than merely to refine and extend, a long-standing regulatory regime, would make the FDA’s interpretation of the section a ‘reasonable’ one.”
He enforced an express insurance restriction where sophisticated parties had negotiated their relationship and the challenger did not establish a contrary public policy.
“That reservation has not been shown to be contrary to public policy when applied to participating hospital assignees such as Washington Hospital.”
Procedural preferences
For temporary labor relief, he read the statutory phrase 'just and proper' as preserving traditional equitable discretion rather than making an injunction automatic.
“The Court believes that it retains discretion under the statute to exercise its traditional equitable judgment in determining whether or not to grant an injunction.”
He construed a short judicial-review deadline around a single public and readily identifiable event, using publication rather than a less visible administrative filing date.
“The question in this case is not ‘notice’ to any specific party; it is determining a single recognizable event from which the time for initiating judicial review may be calculated.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“plaintiff’s motion for a preliminary injunction is DENIED.”
“summary judgment is GRANTED on Count I of the amended complaint.”
“summary judgment for Blue Cross is therefore warranted.”
“the federal defendants’ motion for summary judgment is granted.”
“Schering’s motion for summary judgment and motion for a preliminary injunction are denied, and its complaint is dismissed.”
“the requested temporary injunction is granted.”
“defendants’ motions to dismiss and to strike are DENIED”
“defendants’ motion for summary judgment is GRANTED.”
“Plaintiffs’ motions for summary judgment are DENIED.”
A historical record
Judge Boudin 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.