Albert Sherman Christensen
Judge Christensen no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Christensen decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He treated standing and reviewability as concrete limits, especially where an agency's decision was committed to discretion.
“there being ‘no law to apply’ in any attempt by the court to supervise or regulate the decision of the secretary”
He required substantial local commercial activity rather than isolated contact before sustaining antitrust venue.
“this transaction of business has not been limited to isolated, casual, accidental, peripheral, or insignificant contacts, but that it has constituted a substantial transaction of business.”
He required extreme and unexpected hardship before altering a negotiated antitrust decree.
“suffering hardships so extreme and unexpected as to justify us in saying that they are the victims of oppression”
Procedural preferences
He expected discovery answers to be complete except for specifically identified privilege or work-product objections.
“The least that can be expected in any event is a responsive and complete answer except as to narrowed, specific and identified aspects claimed to involve privilege or work product”
He treated dismissal motions as tests of pleading sufficiency, not occasions to prejudge disputed facts.
“The motions upon which rulings have been made are designed merely to test the legal sufficiency or propriety of the allegations of the complaint, assuming them to be true.”
He gave state institutions an opportunity to correct constitutional defects before imposing broader federal disruption.
“It is neither the responsibility nor province of the federal court where this can be avoided to obstruct State correctional processes but rather to protect constitutional rights”
Cautions
He would not permit discovery into the mental and adjudicatory process of agency decisionmakers.
“we can probe in depth into the Commission’s decisional processes, any more than a judge can be examined by litigants upon their allegations that he is prejudiced or otherwise disqualified”
He narrowed constitutional relief to the provisions actually shown invalid rather than striking an entire ordinance.
“The established overbreadth of three provisions of the ordinance would not justify an over-breadth of relief here by a wholesale declaration of invalidity.”
He treated misuse of confidential designs as a basis for both injunctive relief and an accounting.
“unjustified breach of confidential information and unlawful and unfair competition, necessitating the fashioning of just, reasonable and equitable relief”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, plaintiff’s action is dismissed for lack of standing on its part and absence of jurisdiction on the part of the court.”
“Motion for reconsideration denied without prejudice to an application for supplemental relief upon a showing that the further revocation hearing does not comport with constitutional standards or frustrates the purposes of the previous order of this court.”
“the plaintiff would be entitled to the treble damages of $90,000 plus the reasonable attorneys’ fee of $42,500, or a total of $132,500.”
“I have already determined that a reasonable fee is $42,500.”
“its motion to dismiss should be and hereby is granted with prejudice.”
“the issues between the plaintiff and the defendant — including the purported judgment, final or not — are hereby remanded to the District Court of the Third Judicial District in and for Salt Lake County, Utah.”
“the petition for a writ of habeas corpus is denied for failure to exhaust available state remedies, without prejudice to a renewal of the petition here if and when state remedies are unsuccessfully exhausted.”
“The motion to dismiss the complaint for lack of jurisdiction is granted.”
“The petition for relief under 28 U.S.C. § 2255 is denied.”
Caseload & timing
From public federal docket records for this judge.
The two located docket shells do not support a caseload distribution. The published decisions cover antitrust, habeas, civil rights, jurisdiction, discovery, contracts, patents, and administrative law.
A historical record
Judge Christensen 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.