Luther Boyd Eubanks
Judge Eubanks no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Eubanks decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He treated the intended scope of a release as a fact question when its language and the settlement amount could support a narrower reading.
“The court concludes that whether the scope of the release was intended by the parties to reach as far as this defendant presents an issue of fact.”
Cautions
He enforced clear written contract language despite a party’s claimed subjective intent.
“consideration may not be given to the statements of either party as to their subjective intent in making the written contract.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED that the defendant’s Motion to Dismiss for Lack of Subject Matter Jurisdiction be and the same is granted.”
“the relief sought by plaintiff herein is granted”
“the plaintiffs claim brought pursuant to 42 U.S.C. § 1981 against the Oklahoma Historical Society and Fred A. Olds is HEREBY DISMISSED.”
“the plaintiffs claim brought pursuant to 42 U.S.C. § 2000e against the Oklahoma Historical Society and Fred A. Olds is HEREBY DISMISSED.”
“this claim is likewise DISMISSED.”
“Judgment shall be entered for the defendant.”
“IT IS ORDERED that the Secretary of Labor’s Motion to Quash be and the same hereby is granted.”
“IT IS ORDERED that defendant’s motion for summary judgment be and the same hereby is granted.”
“plaintiff’s motion to remand this matter to the state court for determination be and the same hereby is denied.”
“the appealed from Order and Judgment of the U. S. Bankruptcy Court for the Western District of Oklahoma be AFFIRMED.”
“defendant’s motion for summary judgment be and the same hereby is granted.”
“plaintiffs’ motions for summary judgment on the defendant’s counterclaims as a matter of law be and the same hereby are denied.”
“defendant Slater’s motion for order of dismissal on the ground the complaint fails to state a claim be and the same hereby is granted.”
“defendants Bill Lewis and the Internal Revenue Service’s motion to dismiss the complaint in intervention of City National Bank and Trust Company of Oklahoma City, Oklahoma, be and the same hereby is granted”
“defendants’ motion to dismiss or for partial summary judgment on Count II of plaintiff’s complaint be and the same hereby is granted.”
A historical record
Judge Eubanks 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.