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James Franklin Battin

United States District Court for the District of Montana district Retired 1996 · served 1969–1996 Appointed by Richard Nixon (Republican) 18 signed orders read

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

How Judge Battin decides

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

What persuades

Battin protected reliance on a prior agency determination where the government later sought an inconsistent tax result.

“The Court is simply holding in the unique facts of this case that the plaintiffs will be permitted to take the investment tax credits based upon the reliance of the Service’s earlier determination.”

He treated contractual substance, rather than a tort label, as controlling when deciding whether a claim belonged in the Claims Court.

“The Court concludes that the claim advanced by the plaintiff arises out of the contractual relationship of the parties.”

Battin required a defendant claiming reasonable cause for unpaid taxes to carry the evidentiary burden.

“The taxpayer has the burden of showing that there was reasonable cause”

Procedural preferences

Battin would not exercise jurisdiction merely because a claimant appeared equitably entitled to payment.

“However, this Court is one of limited jurisdiction, and any judgment rendered by it would be of no force and effect, in the absence of subject matter jurisdiction over the matter.”

He required case-specific findings before closing a preliminary criminal examination to the press and public.

“preliminary examinations be closed only if specific findings are made demonstrating a substantial probability that the defendant’s right to a fair trial will be prejudiced by publicity that closure would prevent and that reasonable alternatives to closure cannot adequately protect the defendant’s fair trial rights.”

A limitations ruling affecting only one claim did not make an unripe tax-loss theory suitable for decision.

“the merits of whether a theft loss actually occurred are not ripe for judicial determination.”

Cautions

A constitutionally defective indictment could not be repaired by the prosecution or the court after jeopardy attached.

“As neither the prosecution nor the Court can properly amend the indictment to conform to the crime sought to be charged, and as the Court cannot permit the defendant to be tried on an indictment that is constitutionally deficient, the sole alternative remaining is dismissal of the cause.”

Failure to use a collectively bargained grievance procedure could eliminate a preempted employment count.

“Count II is dismissed for failure to make use of the grievance procedure outined in the parties’ collective bargaining agreement.”

Battin favored tribal adjudication for disputes centered on enforcement of a tribal resolution against a tribal member.

“it appears to be an internal tribal matter which ought to be resolved in the tribal court system.”

Signed rulings

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

United States v. Marshall
· 1979-05-03
Motions to dismiss (defendant) Granted

“IT IS ORDERED that the indictment in the above-captioned case be, and the same hereby is, dismissed with prejudice, as failing to properly charge the defendant with the crime of voluntary manslaughter.”

Taylor Rental Corp. v. First Citizens Bank
· 1982-04-30
Summary judgment (plaintiff) Granted

“We therefore conclude that this case presents no issues of material fact and, pursuant to Fed.R.Civ.P. 56(c), summary judgment should issue for plaintiff Taylor.”

Johnston v. United States
· 1984-11-20
Summary judgment (plaintiffs) Granted

“For the reasons stated below, the plaintiffs’ motion for summary judgment is granted, and the defendant’s motion for summary judgment is denied.”

Summary judgment (United States) Denied
Basin Electric Power Cooperative v. Department of Public Service Regulation
· 1985-01-11
Summary judgment (plaintiff) Granted

“Therefore, the PSC’s cross-claim is dismissed and Basin’s second motion for summary judgment is granted.”

Sadler v. Rexair, Inc.
· 1985-03-25
Motions to dismiss (defendants) Granted

“This case is before the Court on defendants’ motion to dismiss Counts Two, Three, and Four of plaintiff’s amended complaint. For the reasons stated below, the defendants’ motion is granted.”

Wolfe v. United States
· 1985-05-22
Summary judgment (United States) Granted

“For the reasons stated below, the defendant’s motion is granted and the plaintiff’s motion is denied.”

Summary judgment (plaintiff) Denied
Trombetta v. United States
· 1985-07-02
Motion for reconsideration (United States) Granted

“This case is before the Court on defendant’s motion to reconsider the Court’s order denying defendant’s motion to dismiss Count One of plaintiffs’ complaint. Upon reconsideration, defendant’s motion to dismiss Count One is granted.”

Motions to dismiss (United States) Granted

“IT IS ORDERED that Count One of plaintiffs’ complaint is dismissed for failure to state a claim. Count Two having been dismissed previously, IT IS FURTHER ORDERED that the plaintiffs’ complaint is dismissed.”

Nelson v. Owens-Corning Fiberglas Corp.
· 1986-02-14
Motions to dismiss (defendant) Granted in part

“For reasons stated below, defendant’s motion is denied as to Count I but Count II is dismissed for failure to make use of the grievance procedure outined in the parties’ collective bargaining agreement.”

Kautzmann v. United States
· 1986-07-03
Summary judgment (plaintiffs) Denied

“IT IS ORDERED that defendant’s motion for summary judgment is granted and plaintiffs’ motion for summary judgment is denied.”

Summary judgment (United States) Granted
Montana Millwork, Inc. v. Caradco Corp.
· 1986-07-10
Motions to dismiss (defendant) Granted

“Presently pending before the Court is defendant’s motion to dismiss the complaint. For the reasons stated below, the motion is granted.”

United Pacific Insurance v. First Interstate Bancsystems of Montana, Inc.
· 1987-07-13
Summary judgment (plaintiff insurer) Denied

“For reasons stated below, plaintiff’s motion is denied and defendants’ motion is granted.”

Summary judgment (defendants) Granted
Billings Gazette v. Justice Court of Thirteenth Judicial District
· 1987-08-05
Preliminary injunction (plaintiff) Granted

“IT IS FURTHER ORDERED that plaintiff’s motion for a preliminary injunction is hereby GRANTED.”

Caseload & timing

From public federal docket records for this judge.

The 18 reviewed decisions cover a broad litigation sample, but they do not establish the distribution of Battin's full caseload.

A historical record

Judge Battin 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.