Byron Browning Conway
How Judge Conway decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a 12(b)(6) motion a plaintiff need only state ONE plausible theory to carry the claim past the pleading stage -- the court will not pick off individual legal theories. Pleading negligence AND negligence per se, where the defendant attacks only the per se theory, leaves the claim standing.
“The plaintiffs having presented one plausible theory to sustain their wrongful death claim, the court's analysis ends.”
Procedural preferences
Jurisdiction first, always: resolves subject-matter jurisdiction before reaching the merits (Osman -- 8 U.S.C. 1252(g); Schmidtknecht -- 28 U.S.C. 1332).
“The court begins, as it must, with the question of jurisdiction.”
Claim-vs-theory discipline at the pleading stage: a 12(b)(6) motion may dismiss only whole claims, not parts of claims or particular legal theories; theory-narrowing belongs at summary judgment (BBL v. City of Angola).
“at the motion to dismiss stage the court may dismiss only claims. The court cannot dismiss parts of claims or particular theories. Summary judgment is the procedure for narrowing claims or foreclosing theories.”
Reads ERISA preemption narrowly where the claim rests on an independent legal duty (here, a PBM's failure to give notice of a coverage change) rather than a denial of benefits.
“A claim that a PBM was negligent because it failed to provide a beneficiary with notice that his prescription would no longer be covered ... does not implicate any of the policies underlying preemption.”
Defers to administrative processes / exhaustion: declines to make a determination (here, prima-facie TPS eligibility) that an agency is positioned to make in the first instance.
“nothing in the text or history of the statute or the structure [of] immigration law generally suggests that prima facie eligibility is a determination for a federal district court ... the assumption is that matters are first addressed administratively.”
Cautions
A motion-to-dismiss win on preemption may be provisional -- Conway expressly invites the defense to be re-raised at summary judgment on a developed record.
“depending on the specific facts, ERISA may nonetheless ultimately preempt the plaintiffs' claim ... But such questions are not properly before the court on a motion to dismiss.”
Fee requests should include detailed billing records. In a straightforward default case, Conway reduced claimed hours by 50 percent when counsel supplied only aggregate hours and also reduced an unsupported paralegal rate.
“District courts, entrusted with the task of ordering an unsuccessful litigant to pay the reasonable attorney's fees of his opponent, may properly demand that a claim for such fees be fully supported by accurate and detailed records. When it is not, the request may be denied.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS THEREFORE ORDERED that Temporary Restraining Order (ECF No. 6) is vacated, Saad Osman's petition for a writ of habeas corpus (ECF No. 1) is denied, and this action is dismissed.”
“IT IS THEREFORE ORDERED that plaintiffs' Motion for Entry of Default Judgment is GRANTED. The Clerk of Court is directed to enter judgment in favor of plaintiffs ... and against Defendant BMD Concrete Innovations LLC in the amount of $257,020.26 together with interest at the rate allowed by law.”
“IT IS THEREFORE ORDERED that Optum Rx's motion to dismiss the amended complaint is denied.”
“IT IS ORDERED that the defendants' motion to dismiss Kraeger's first amended complaint (ECF No. 21) is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED as to Claim I. The motion to dismiss is DENIED as to Claims II and III.”
“IT IS THEREFORE ORDERED that the Defendants' Motion to Dismiss the Amended Complaint (ECF No. 28) is GRANTED, and this action is DISMISSED without prejudice pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure for lack of personal jurisdiction over the defendants. The Clerk shall enter judgment accordingly.”
“This Court granted Allied's motion, finding Berg failed to exhaust her administrative remedies by neglecting to timely file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) before bringing her lawsuit for violations of the ADEA, ADA, or Title VII. (ECF No. 10, at 2-3.) This court dismissed Berg's final claim under 'Wisconsin Fair Labor Standards Act' ... for failure to state a claim upon which relief could be granted, as the Act provides no private right of action. ... The court entered its decision and final judgment on March 7, 2025. The Seventh Circuit, affirming, recounted that ‘because the defect in Berg’s complaint -- the untimeliness of her charge to the EEOC -- could not be remedied by amendment, the court dismissed her claims with prejudice.””
“IT IS THEREFORE ORDERED that plaintiff Peter A. Kraeger's Motion to Certify Appeal as Frivolous (ECF No. 34) is DENIED.”
“IT IS THEREFORE ORDERED that plaintiff Sandee Rae Berg's Motion to Seal (ECF No. 19) is DENIED.”
“Corrigan's motion to strike the defendants' answer (ECF No. 21) is denied.”
“Corrigan's motion for partial summary judgment (ECF No. 21) is also denied. Corrigan failed to comply with Civil Local Rule 56(b).”
“In accordance with Fed. R. Civ. P. 5(d)(3)(B)(i) and the Electronic Case Filing Policies and Procedures Manual, Section I.A.1, the motion (ECF No. 23) is granted.”
“IT IS THEREFORE ORDERED that Domminic Canzoneri's motion for default judgment (ECF No. 6) is GRANTED.”
“Defendant's motion for summary judgment (ECF No. 30) is GRANTED. Plaintiff's renewed motion to appoint counsel (ECF No. 40) is DENIED. This action is DISMISSED without prejudice.”
“Plaintiff's renewed motion to appoint counsel (ECF No. 40) is DENIED.”
Caseload & timing
From public federal docket records for this judge.
The reviewed docket includes prisoner civil-rights, habeas, Social Security, wage, benefits, insurance, employment, intellectual-property, and commercial matters from the beginning of Conway's tenure.
Put Judge Conway's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Conway actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Conway's own signed orders and cites them.