28 U.S.C. § 47
Disqualification of trial judge to hear appeal
No judge shall hear or determine an appeal from the decision of a case or issue tried by him.
Notes of Decisions
Cited in 161
cases (11 in the last 5 years), 1927–2026 · leading case: Dawson v. Marshall, 561 F.3d 930 (9th Cir. 2009).
Dawson v. Marshall, 561 F.3d 930 (9th Cir. 2009). “” 28 U.S.C. § 47 . Nothing in our opinion affects or changes that rule.”
Nat'l Broad. Co. v. United States, 319 U.S. 190 (1943). “219 , 28 U.S.C. § 47 ), and that the decrees of the District Court dismissing the suits for want of jurisdiction should therefore be reversed.”
Atl. Coast Line R.R. v. Florida, 295 U.S. 301 (1935). “To avoid this discrimination a new schedule was established. Florida and the intervening shippers brought suits in a federal district court, made up of three judges in accordance with the statute ( 28 U.”
Burford v. Sun Oil Co., 319 U.S. 315 (1943). “219 , 28 U.S.C. § 47 . Therefore, unless all functions of courts heretofore deemed to be judicial in nature even though they involve appropriately defined review of actions taken by administrative agencies are now to be deemed administrative in nature, the circumstance that a…”
United States v. Hanhardt, 134 F. Supp. 2d 972 (N.D. Ill. 2001). “Before the court are Defendants’ motion for recusal under 28 U.S.C. §§ 47 , 144, and 455(a), and motion for disclosure.”
Columbia Broad. Sys., Inc. v. United States, 316 U.S. 407 (1942). “219 , 28 U.S.C. § 47 . Pursuant to § 402 (a) appellant brought the present suit against the United States in the Southern District of New York, to enjoin enforcement of the Commission's order as contrary to the public interest and beyond the Commission's statutory authority, and…”
United States v. Morgan, 307 U.S. 183 (1939). “220 , 28 U.S.C. §§ 47 , 47 (a); § 238 (5) of the Judicial Code; 28 U.”
Schwabacher v. United States, 334 U.S. 182 (1948). “Nothing in this section shall be construed to create or provide for the creation, directly or indirectly, of a Federal corporation, but any power granted by this section to any carrier or other corporation shall be deemed to be in addition to and in modification of its powers…”
Anthony Weddington v. Dushan Zatecky, 721 F.3d 456 (7th Cir. 2013). “Indeed, 28 U.S.C. § 47 provides: “No judge shall hear or determine an appeal from the decision of a case or issue tried by him.”
Earle A. Partington v. Joseph M. Gedan Howard T. Chang, 880 F.2d 116 (9th Cir. 1989). “In my view, the Hawaii Supreme Court is not, as a practical matter, an unbiased adjudicator.”
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014). “”); see also 28 U.S.C. § 47 (2012) (“No judge shall hear or determine an appeal from the decision of a case or issue tried by him.”
State v. Chamberlin, 161 Wash. 2d 30 (Wash. 2007). ““ [I] t is considered improper — indeed is an express ground for recusal, see *38 28 U.S.C. § 47 — in modern American law for a judge to sit on the appeal from his own case.”
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