Pierre Nelson Leval
Judge Leval no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Leval decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He treated fair use as demanding room to quote a subject's exact words when a biographer's critical claim depended on those words, even while separately analyzing unpublished status and remedy.
“when the purpose of a reference is to show that the copyrighted matter was dishonest, the fair use doctrine must accord substantial latitude to quote copyrighted expression”
He separated the governing procedural law from the borrowed limitations period, applying federal rules to accrual and commencement of federal civil-rights claims.
“Federal law, however, does exist around the boundaries of the borrowed statutes of limitations, and it controls when actions accrue and when they commence.”
Procedural preferences
He required the summary-judgment record to show both legal entitlement and the absence of a genuine factual dispute before denying further discovery and entering foreclosure.
“Because plaintiff has established that it is entitled to judgment as a matter of law and that no issue of material fact exists”
He treated a final arbitration award as exhausting the arbitrator's authority over the decided questions.
“once an arbitrator has rendered a final award, he becomes functus officio and may not revisit his decision.”
Cautions
He distinguished records held or used by a regulated institution from records controlled by a federal agency before allowing a FOIA suit to proceed.
“The documents requested are not ‘agency records’ under FOIA.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants’ summary judgment motion based on the statute of limitations is denied.”
“Defendants’ motion for certification of my abstention order is denied with prejudice.”
“Defendants’ request for certification of my order denying summary judgment on the basis of the statute of limitations is denied without prejudice to reassert once state court proceedings are concluded.”
“The motion to dismiss for lack of jurisdiction is denied.”
“National Cleaning’s motion for summary judgment modifying the award to eliminate the finding of liability and award against it is granted.”
“The Union’s motion to affirm the award is denied.”
“The motion to dismiss is granted as to all counts.”
“Defendant Bank’s motion for summary judgment and defendant Board’s motion to dismiss for lack of subject matter jurisdiction are granted.”
“Plaintiff’s motion to compel production of a Vaughn index is denied.”
“The decision of the Bankruptcy Court is affirmed.”
“Summary judgment is granted for the defendant Bamidele E. Awokoya on the grounds of consular immunity.”
“The motion for a protective order is dismissed as moot.”
“Strange’s application to confirm the Second Award and vacate the Third Award is granted.”
“Melun’s application to confirm the Third Award and vacate the Second Award is denied.”
“Strange’s motion for summary judgment on the second counterclaim is partially granted as to $26,914, and otherwise denied.”
“Melun’s motion to dismiss Strange’s counterclaims is denied.”
“summary judgment of foreclosure is granted in favor of plaintiff Security Pacific.”
“the defendants’ motion for discovery is denied”
“Summary judgment is granted to defendant.”
“Plaintiff's motion for summary judgment is denied.”
“Plaintiffs motion for a preliminary injunction is denied.”
A historical record
Judge Leval 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.