Sam Clyde Pointer Jr.
Judge Pointer no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Pointer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Pointer treated the written allocation of risk as controlling when no fraud or mistake was alleged.
“the written contract is controlling.”
He found that a parent company’s public safety assurances and testing could support an assumed duty to product users.
“Having engaged in this type of marketing, it cannot now deny its potential responsibility under § 324A.”
He was willing to correct an interlocutory ruling when further development showed the earlier result was wrong.
“A desire for consistency cannot justify a perpetuation of error.”
He upheld a network restraint after finding that predictable pricing benefited customers and promoted competition.
“The no-surcharge rule enhances consumer welfare.”
Procedural preferences
On removal, he required evidence that an insurer actually held fiduciary responsibilities rather than assuming that status from its role.
“Not every insurer is a fiduciary for the purposes of ERISA;”
When granting leave to replead, he required the amended complaint to identify the factual basis for each reimbursement claim.
“Any such amended complaint filed by the City must set forth”
He separated the Rule 23 inquiry from the parties’ strategic reasons for supporting or opposing certification.
“The parties’ motivations, laudable or otherwise, with respect to class certification should not, however, affect the court’s decision as to the application of Rule 23.”
He rejected a post-merger jurisdiction theory that would let a surviving corporation shift assets and liabilities in a way that impaired creditors.
“acceptance of BII’s argument would permit a company surviving a merger to impair, if not destroy, the rights of creditors”
Cautions
A defamation theory failed where the challenged publication could not be read as defamatory by an ordinary, reasonable reader.
“Because of the court’s finding that the ordinary, reasonable reader could not find the publication to be defamatory”
He declined equitable intervention where the labor board held the primary institutional role.
“This is a case where the priority of position of the National Labor Relations Board should be protected.”
He required exceptional circumstances before intervening in parallel state proceedings.
“Principles of equity, comity and federalism dictate that state court proceedings remain free from federal court intervention”
A technical departure from an agency procedure did not warrant relief without prejudice to the affected parties.
“some prejudice must be shown or apparent.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Rule 56 calls for rendition of judgment when appropriate, as a matter of law, from the facts shown to be without material dispute.”
“The government’s motions in this case to strike and to dismiss count II will be granted.”
“After careful consideration, Plaintiffs motion is hereby DENIED.”
“By separate order, the decision of the Bankruptcy Court will be affirmed in part, and reversed in part for further proceedings in accordance with this opinion.”
“it follows that the case is due to be remanded.”
“Because of the court’s finding that the ordinary, reasonable reader could not find the publication to be defamatory, plaintiff’s libel claim is due to be dismissed.”
“The claims for invasion of privacy are, therefore, due to be dismissed.”
“Counterclaim defendant’s motion for summary judgment is, therefore, granted by separate order.”
“That the motion of defendant Jackson County Hospital Board, a public corporation, to dismiss as to it the amended complaint is hereby granted, and said action dismissed as to such defendant.”
“This is a case where the priority of position of the National Labor Relations Board should be protected.”
“Accordingly, summary judgment will be granted by separate order.”
“It is therefore ordered that the Motion to Dismiss is hereby granted and that this action be, and the same hereby is, dismissed.”
“A judgment is to be entered granting plaintiffs in each case a refund calculated by allowing the basis claimed in their original returns.”
“For the foregoing reasons, it is ordered, adjudged and decreed that the above-styled cases be, and the same hereby are, dismissed, each party to bear his own costs.”
“A judgment will be entered, declaring null, void and violative of the Fourteenth Amendment of the Constitution the Alabama laws in question;”
“enjoining the State of Alabama, its officers, agents, employees, and their successors, and all those acting in concert or participation with them from enforcing or giving any effect to such laws;”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 3980 days (N = 20).
The twenty located assigned cases were all terminated and included several long-running civil-rights matters. The case-level sample supports only a limited description of subject mix and duration, not a motion-outcome rate.
A historical record
Judge Pointer 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.