David Warner Hagen
Judge Hagen no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hagen decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Hagen declined to dismiss an insurance bad-faith claim based on a timing rule that Nevada courts had not actually announced.
“No such rule of law yet has been declared by the Nevada court.”
He allowed fair-housing claims to proceed where sequential developments supported a triable continuing-violation theory.
“the court finds that the statute of limitations has not run on plaintiffs SSA claims against defendant ERGS because a triable issue of fact exists as to the allegations that the SSA claims were part of a practice of FHA violations that continued into the limitations period.”
He granted facial constitutional relief where Nevada ethics statutes infringed protected speech.
“the court finds that N.R.S. §§ 281.525(1) and 281.551(2)(a) violate the First and Fourteenth Amendments to the United States Constitution”
Procedural preferences
Hagen reviewed a magistrate judge's nondispositive ruling under the clearly-erroneous-or-contrary-to-law standard.
“the magistrate judge’s ruling is clearly erroneous or contrary to law.”
He refused a mandatory class settlement that released damages claims without opt-out rights.
“Because the proposed settlement provides no opt-out right, the court finds the release of all claims provision to be inconsistent with due process”
He treated adequate state administrative and judicial review as sufficient to trigger the federal tax-jurisdiction bar.
“This court finds that the state remedy is ‘plain, speedy and efficient’ within the meaning of 28 U.S.C. 1341.”
Cautions
Hagen used dismissal as a sanction after finding clear and convincing evidence of fraud on the court.
“The court finds, by clear and convincing evidence, that Mr. Munnings perpetrated a fraud on the court”
He applied complete federal preemption to state-law claims arising from an interstate household-goods shipment.
“anything other than complete preemption of state law claims is contrary to the very purpose of the Carmack Amendment”
He dismissed a repetitive tax suit with prejudice after finding it wholly frivolous.
“In short, Salman’s action is wholly frivolous, and this court must dismiss it with prejudice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, IT IS ORDERED that the motions (# s 6 and 9) to dismiss and remand are denied; the motion (# 6) for bifurcation is granted as set forth above.”
“Accordingly, IT IS HEREBY ORDERED that the government’s motion to reconsider order granting presentence release (# 41) is denied;”
“For the above reasons, IT IS ORDERED that the United States’ motion for injunctive relief (# 3) is DENIED;”
“Accordingly, IT IS ORDERED that the United States’ motion to dismiss (#3) is GRANTED; Salman’s claims are DISMISSED WITH PREJUDICE;”
“IT IS THEREFORE ORDERED that summary judgement is granted to defendants on all claims.”
“Accordingly, IT IS HEREBY ORDERED that defendant’s motion to dismiss (# 7) is GRANTED IN PART.”
“Accordingly, IT IS ORDERED that defendant ERGS Inc.’s motion for summary judgment (# 96) is DENIED.”
“Accordingly, IT IS ORDERED that defendant’s summary judgment motion (# 14) be GRANTED.”
“Accordingly, IT IS ORDERED that plaintiffs motion for Reconsideration (# 20) be GRANTED.”
“IT IS ORDERED that defendant’s motion to dismiss for lack of subject matter jurisdiction (# 11) be GRANTED.”
“IT IS FURTHER ORDERED that plaintiffs’ motion (#39) is GRANTED.”
“IT IS FURTHER ORDERED that defendants’ motion (# 36) is DENIED.”
“The order affirming the Commissioner’s decision is reversed and the Commissioner’s motion (# 15) for summary judgment is DENIED.”
“Plaintiffs motion (# 19) for time in which to respond to the Commissioner’s notice (# 18) is DENIED as moot.”
“Accordingly, IT IS HEREBY ORDERED that defendants’ motion to dismiss (#5) is GRANTED. The action is DISMISSED WITHOUT PREJUDICE.”
Caseload & timing
From public federal docket records for this judge.
The 20 reviewed decisions cover varied litigation but do not establish the distribution of Hagen's full caseload.
A historical record
Judge Hagen 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.