Lawrence Gubow
Judge Gubow no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gubow decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Gubow required evidence from which an implied patent license could be found, rather than treating a sale alone as dispositive.
“Viewed in the light most favorable to Plaintiff, the evidence in this case does not suggest that Defendant undoubtedly understood it was getting a license from the transaction with Environ or that good faith required that it obtain such a license, or that the circumstances plainly indicated that such a license was being conveyed.”
He rejected pleading conclusions that were unsupported by particular facts.
“mere conclusions of the pleader are not to be accorded such deference.”
Procedural preferences
Gubow applied immunity from service to participants attending an unrelated proceeding in the forum.
“witnesses, suitors, and their attorneys, while in attendance in connection with the conduct of one suit, are immune from service of process in another”
He strictly enforced the stated conditions governing a transportation tariff privilege.
“transit being a privilege, it applies only if the conditions prescribed with reference to it are met.”
Cautions
Gubow found a due-process violation when defense counsel was excluded from a hearing that developed matters central to trial preparation.
“the failure to provide DORSEY and his counsel with the opportunity to be present when WATSON was brought before the court was fundamentally unfair.”
For already-provided medical services, he required notice and a hearing before the government denied payment.
“a pretermination hearing is constitutionally required and must be provided to these plaintiffs by the Secretary before the decision is made not to pay for medical services that have already been provided and certified as medically necessary.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The case is hereby remanded to the Bankruptcy Court to enter an order not inconsistent with this opinion.”
“the Defendants’ motion for summary judgment shall be granted.”
“requires that this court grant plaintiffs’ motion for rehearing, reverse its initial decision, and uphold the garnishment writs.”
“the Defendant’s motion for summary judgment is hereby denied.”
“the Defendant’s motion for summary judgment will be and the same is hereby Granted, and the Plaintiff’s motion for summary judgment will be and the same is hereby Denied.”
“the defendant’s motion to dismiss the complaint is granted.”
“Defendant’s motion for partial summary judgment as to counts two and three is granted.”
“the court will issue a writ of habeas corpus unless the State grants DORSEY a new trial within ninety days from the date of this order.”
“Defendants’ motions to dismiss Plaintiff’s complaint are meritorious and should, therefore, be granted.”
“the motion to quash return of service is granted as to Defendant Roach on the basis of immunity and as to the other ‘Federal Defendants’ because they were served outside the territorial limits of this state.”
“As to Chrysler, the complaint is dismissed without prejudice for failure to state a claim for which relief can be granted.”
“the defendants’ motions for summary judgment must be granted and the plaintiff’s motions to amend and to add the local union must be denied.”
Caseload & timing
From public federal docket records for this judge.
No exact-name tenure case records were located, so this profile makes no caseload-mix, duration, administrative-disposition, or motion-timing claim.
A historical record
Judge Gubow 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.