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Hugh H. Bownes

U.S. District Court for the District of New Hampshire district Retired 1977 · served 1968–1977 Appointed by Lyndon B. Johnson (Democratic) 19 signed orders read

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

How Judge Bownes decides

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

What persuades

He read federal statutes using Congress's full constitutional reach when the enacted commerce language incorporated that breadth.

“the scope of the term ‘affecting commerce’ in the Age Discrimination in Employment Act is coextensive with that of the Commerce Clause”

He enforced unambiguous contract language and rejected attempts to evade it by redescribing the same dispute as a tort claim.

“The plaintiff cannot avoid the plain words of the contract and the parol evidence rule by the use of a tort claim.”

He treated written arbitration clauses as binding procedural commitments rather than optional alternatives once a dispute arose.

“Title 9, U.S.C. § 3 is a clear mandate to this Court that arbitration agreements in contracts shall be upheld.”

Procedural preferences

At the pleading stage, he left genuinely disputed motive and justification questions for the jury rather than resolve them on the papers.

“A question of fact has, therefore, been presented and the jury is the final arbiter.”

Cautions

For preliminary relief, irreparable harm alone was insufficient when the movant could not also show a probability of success on the merits.

“While there may be irreparable harm to the plaintiff if the dealership is terminated, there is not a probability of success on the merits.”

Signed rulings

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

Napolitano v. Crain
· 1968-10-28
Motions to dismiss (defendant Northeast Airlines) Granted

“The motion to dismiss is granted.”

United States ex rel. Bay State York Co. v. Seaward Construction Co.
· 1969-05-07
Motions to dismiss (defendant general contractor) Granted

“The motion to dismiss is granted.”

Conley v. Maattala
· 1969-07-31
Motions to dismiss (defendant estate representative) Denied

“The answer to the second ccunt is treated as a motion to dismiss and it is denied.”

Powers v. Troy Mills, Inc.
· 1969-10-06
Motions to dismiss (defendant union) Denied

“The motion to dismiss is denied.”

Simplex Wire & Cable Co. v. Local 2208 of the International Brotherhood of Electrical Workers
· 1970-06-24
Motions to remand (plaintiff company) Denied

“The plaintiff Company’s motion to remand is denied.”

Motion to compel arbitration and enjoin strike (plaintiff company) Denied

“The plaintiff Company’s motion in the alternative to compel arbitration and enjoin continuation of the strike is denied.”

United States v. Madden
· 1970-07-08
Motion for judgment of acquittal (defendant) Granted

“The Court, therefore, grants the defendant’s motion for judgment of acquittal.”

T. J. Claveau Transportation, Inc. v. Interstate Commerce Commission
· 1971-07-19
Petition to convene three judge court (plaintiff carrier) Denied

“The petition to convene a Three-Judge Court is denied;”

Motion for temporary restraining order (plaintiff carrier) Moot / procedural

“motion for temporary restraining order is moot.”

United States v. Benton
· 1971-07-23
Motion for judgment of acquittal (defendant) Granted

“the motion for judgment of acquittal is granted.”

Smedley v. Travelers Insurance
· 1971-11-29
Motion to compel discovery (plaintiff) Denied

“The plaintiff’s motion as to item 3 in its request for production of documents is denied.”

Mooney v. State Farm Insurance Companies
· 1972-07-05
Summary judgment (defendant State Farm Insurance Companies) Granted

“Defendant’s motion for summary judgment is granted.”

Nashua Typographical Union, No. 365 v. Telegraph Publishing Co.
· 1973-10-12
Summary judgment (plaintiff union) Granted

“the plaintiff’s motion for summary judgment is granted.”

Elton Orchards, Inc. v. Brennan
· 1974-09-17
Preliminary injunction (plaintiff orchard) Granted

“That the defendants are ordered to make available forthwith to the plaintiff an aliquot portion of the foreign pickers”

A historical record

Judge Bownes 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.