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Benjamin F. Gibson

United States District Court for the Western District of Michigan district Retired 1999 · served 1979–1999 Appointed by Jimmy Carter (Democratic) 18 signed orders read

Judge Gibson no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Gibson decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Gibson enforced clear reimbursement language according to its ordinary meaning and the parties' negotiated allocation.

“The language of the subrogation agreement is clear and unambiguous.”

He required a concrete connection between forum conduct and the alleged injury before exercising case-specific personal jurisdiction.

“Due to the lack of a nexus between the defendant’s activities within this forum and the plaintiff’s injury, the Court holds that the exercise of personal jurisdiction over Poly Pak would be constitutionally impermissible.”

Gibson read broad contract language as covering disputes arising from or related to the agreement.

“The scope of the Contract's arbitration provision is extensive.”

Procedural preferences

Gibson would not treat an ambiguous employment disclaimer as eliminating factual questions at summary judgment.

“Defendant’s disclaimer is too ambiguous to warrant a grant of summary judgment.”

He left missing-policy disputes for trial when surrounding records and testimony created a genuine factual issue.

“Therefore, the issue is for the trier of fact to determine.”

Gibson declined limitations-based summary judgment before discovery resolved disputed concealment and accrual facts.

“Because summary judgment would be premature at this juncture, the Court will deny the motions for summary judgment based upon the statute of limitations.”

Cautions

In employment cases, Gibson required evidence that an employer's stated reasons were pretextual rather than relying only on a prima facie showing.

“Plaintiff has not demonstrated a genuine issue of material fact regarding pretext.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Van Manen v. United States
Motion to set aside entry of default (defendant) Granted

“respondent’s motion to dismiss and its motion to set aside entry of default are both granted.”

Motions to dismiss (defendant) Granted
Quade v. Anderson
Summary judgment (plaintiff) Granted

“the Court grants plaintiffs motion for summary judgment as to Count VII of the Complaint.”

Motion for reconsideration (plaintiff) Granted

“The Court also grants plaintiffs motion for reconsideration of Counts II and III of his complaint and enters summary judgment in favor of plaintiff as to those counts.”

Summary judgment (defendant Hart) Denied

“Defendant Hart’s motion for summary judgment on defendants’ counterclaim is denied.”

Plastic Films, Inc. v. Poly Pak America, Inc.
Motions to dismiss (defendant) Granted

“Therefore, the motion to dismiss the complaint for improper venue is granted.”

Sanford Street Local Development Corp. v. Textron, Inc.
Summary judgment (defendant and third-party defendants) Granted in part

“For the reasons stated above, the motions filed by Textron and the third-party defendants are granted in part and denied in part.”

Parker v. Aetna Life & Casualty
Motion to dismiss or for summary judgment (defendant) Denied

“For the reasons stated above, defendant’s motion to dismiss or, in the alternative, for summary judgment is denied.”

Nesbitt v. Bun Basket, Inc.
Motions to remand (plaintiff) Granted in part

“For the reasons stated above, the plaintiff’s motion to remand is granted in part and denied in part.”

Roxbury v. Paul
Motion to dismiss or for summary judgment (defendants) Granted in part

“For the reasons stated above, defendants’ motion to dismiss or, in the alternative, for summary judgment is granted in part and denied in part.”

Planned Parenthood Affiliates of Michigan v. Engler
Summary judgment (plaintiffs) Granted

“For the reasons set forth below, the Court will enter judgment in plaintiffs’ favor.”

Motion for final injunctive relief (plaintiffs) Granted

“Accordingly, the Court will enjoin defendants from enforcing Section 109a insofar as it prohibits state funding for abortions to terminate pregnancies resulting from acts of rape or incest, as required by Title XIX, modified by the Hyde Amendment, while at the same time accepting federal funds pursuant to Title XIX.”

Equal Employment Opportunity Commission v. Sara Lee Corp.
Motion to dismiss or for summary judgment (defendant) Granted in part

“For the following reasons, the Court will grant the motion in part and deny it in part.”

Pattison v. Meijer, Inc.
Motion to reopen discovery (plaintiff) Denied

“Therefore, the Court will deny plaintiffs request to re-open discovery.”

Motion to dismiss or for summary judgment (Meijer, Inc.) Granted

“The Court will enter summary judgment in defendant’s favor on plaintiffs ADA claim.”

Motions to dismiss (plaintiff) Granted

“The Court will grant the motions to dismiss Local 951.”

Motions to dismiss (United Food and Commercial Workers Local 951) Granted
Estate of Triplett v. General Electric Co.
Summary judgment (defendant Advance Transformer Co.) Granted in part

“For the foregoing reasons, the Court wiE grant defendant Advance’s motion for summary judgment on plaintiffs’ negEgent manufacturing claim and design defeet claims and deny the remainder of the motion.”

Americhem Corp. v. St. Paul Fire and Marine Ins. Co.
Motion for partial summary judgment (defendant) Denied

“For the foregoing reasons, the Court will deny St. Paul’s motion for partial summary judgment.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 1263 days (N = 5).

The twenty enumerated cases in the returned 1983-1987 filing cohort included civil-rights and prisoner matters, contracts, patents, employee-benefit disputes, Social Security appeals, property cases, and personal-injury actions. The five randomized sample dockets were all terminated and retained no motion-entry text.

A historical record

Judge Gibson 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.