Charles Manley v. Michael Rowley

While I concur in the decision on the merits, I respectfully dissent from Part III, “Reassignment upon Remand.” The district court’s argument that past trial outcomes verify his ability to predict what a reasonable jury can find is certainly “highly unusual.” It is also logically incoherent. Whether a specific jury finds for one party does not indicate that every reasonable jury would so find. Nevertheless, I disagree that the trial court’s inappropriate comment “call[s] for the extraordinary measure of reassignment.” McSherry v. City of Long Beach, 423 F.3d 1015, 1023 (9th Cir. 2005).

‘We…