William Marsh Acker Jr.
Judge Acker no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Acker decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He required plaintiffs who wanted to remain in state court on indeterminate damages claims to make an express, binding damages limitation.
“must in their complaint formally and expressly disclaim any entitlement to more than $74,999.99, and categorically state that plaintiff will never accept more.”
He applied but-for causation to the age, disability, and retaliation claims as pleaded.
“Because Dawson has made clear that he will not allege that his age, or his disability, or Wal-Mart’s retaliatory motive was the ‘but-for’ reason for his termination”
He treated a speculative amount in controversy as insufficient for removal.
“Because the amount in controversy here is speculative”
He rejected an outrage claim based on suspicion and disappointment rather than dated evidence of actionable conduct.
“Undated and unprovoked suspicion by Strange and/or her lawyers is not enough. Disappointment is not enough.”
Procedural preferences
He distinguished an informal absence of objection from the unequivocal consent required for multi-defendant removal.
“There is a crucial distinction between a hearsay ‘no objection’, and an unequivocal ‘consent’.”
He required exceptional circumstances before transferring subpoena disputes to the issuing court.
“The rule requires exceptional circumstances, as demonstrated by disruption of the underlying litigation”
He recognized district-court discretion when a represented appellant first sought pauper status on appeal.
“there is an area of discretion within which the district court must rule when considering a motion under Rule 24.”
He strictly construed statutes limiting federal jurisdiction against removal.
“Statutes that limit federal jurisdiction are always strictly construed against the removing party”
Cautions
Even when he disagreed with the result, he treated binding circuit precedent as controlling.
“an Alabama trial court has the same authority to overrule the Eleventh Circuit that this court has. None.”
He examined whether delayed service reflected deliberate jurisdictional manipulation or ordinary neglect.
“whether Davis’s tardiness in obtaining service on Arnold was a calculated move to get his case past defendants’ magic one year removal opportunity, or was an excusable bit of sloppiness.”
He required False Claims Act relators to plead fraud with particularity rather than rely on later discovery.
“The whistle must be blown not only loudly, but with Rule 9”
He resolved real doubt about subject-matter jurisdiction against removal.
“any real doubt about subject-matter jurisdiction must be resolved against removal”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“On March 11, 2016, the court denied the Commissioner’s motion to alter or amend the judgment”
“Smith’s motion to remand and for attorney’s fees, is DENIED.”
“the undersigned hereby DIRECTS the Clerk to reassign this case to another judge, and further DIRECTS the Clerk to place Metropolitan Life Insurance Company, and its affiliates, on the permanent recusal list of the undersigned.”
“City’s motion to strike included within its reply brief, doc. 44, is GRANTED.”
“Wal-Mart’s motion to dismiss insofar as it is directed at plaintiffs ADEA, ADA, and retaliation claims is GRANTED, and the said claims are hereby DISMISSED WITH PREJUDICE.”
“Dawson’s oral motion for a stay is GRANTED.”
“defendant’s motion to transfer venue will be granted.”
“Mitchell’s motion to remand will be granted by separate order.”
“the action will dismissed by separate order, pursuant to the bar of the statute of limitations and Rule 56(f)(3), F.R.Civ.P.”
“A separate order granting The Pantry’s motion for summary judgment will be entered.”
“The more recent motion by Cephus and Young to strike plaintiffs motion to remand as untimely will be denied.”
“A separate appropriate order of remand will be entered.”
“the relators’ motion to transfer [Doe. 6] is DENIED.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 1000 days (N = 17).
The twenty located assigned cases were all terminated and included employment, Social Security, labor, contract, insurance, personal-injury, and prisoner matters. Three cases predated Judge Acker’s commission and were excluded from duration calculations.
A historical record
Judge Acker 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.