Daniel Holcombe Thomas
Judge Thomas no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Thomas decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He treated an agent's failure to follow collection instructions as a basis for consequential damages to the principal.
“A failure to follow instructions by an agent renders the agent liable to the principal for losses in damages proximately flowing from such failure.”
He required seaworthiness equipment to be reasonably suitable and adequate, not necessarily the best or safest available.
“The requirement of seaworthiness is satisfied by furnishing those appliances which are reasonably suitable and adequate for the purpose.”
He enforced the revived federal student-loan collection period because Congress expressly applied the amendment to pending cases.
“The law expressly states that this new authority applies to pending cases and to any actions brought before November 15, 1992.”
Procedural preferences
He declined to use federal declaratory jurisdiction as a device to displace an already-pending state contract action.
“The wholesome purposes of declaratory acts would be aborted by its use as an instrument of procedural fencing either to secure delay or to choose a forum.”
He examined concrete forum contacts before exercising personal jurisdiction over a foreign sovereign entity.
“The Court does not feel that the above contacts by Bolivia with the State of Alabama are sufficient to create in personam jurisdiction in this Court over Bolivia”
He required a plaintiff seeking delay damages to show causation and to mitigate avoidable loss.
“A plaintiff is under a duty to mitigate damages, which the plaintiff in this instance did not do.”
Cautions
Delay in recording a maritime lien could support laches when it deprived a bona fide purchaser of a fair opportunity to protect itself.
“John W. Stone’s failure to record a claim of lien was clearly prejudicial to Glenn Towing”
A punitive-damages request required allegations beyond ordinary negligence or an actionable tort.
“Punitive damages are recoverable only in circumstances of extreme, outrageous conduct and are not recoverable merely upon a showing of negligence or an actionable tort.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“It is hereby ORDERED that the Government’s Motion for Summary Judgment be GRANTED and that a judgment be entered in the amount of $3,824.82, plus prejudgment interest from August 21, 1992 to the date of the judgment plus judgment interest, plus costs, fees and a surcharge of 10% of the total amount of the debt pursuant to 28 U.S.C. § 3011.”
“It is therefore ordered, adjudged and decreed that the motion for summary judgment filed by the defendants, Alcoa Steamship Company, Inc. and S/S IVARANS REDERI, should be and the same hereby is granted.”
“Therefore, it is ordered, adjudged and decreed that the defendants’ motion to dismiss is granted.”
“It is therefore ordered, adjudged and decreed that the defendant’s motion for summary judgment should be and the same hereby is granted.”
“Therefore, it is ordered, adjudged and decreed that the Court’s order of August 26, 1970, denying the motion to quash return of service of summons should be and hereby is vacated.”
“It is further ordered that the motion to quash return of service of summons filed by Alabama State Docks Department on March 25, 1970, should be and hereby is granted.”
“it is ORDERED, ADJUDGED and DECREED that Judgment, be and hereby is, entered in favor of the plaintiff, John W. Stone Oil Distributor, Inc., and against the defendant, The M/V MISS BERN, for wrongful seizure”
“it is also ORDERED, ADJUDGED and DECREED that Judgment be, and hereby is, entered in favor of the defendant, The M/V MISS BERN, and against the plaintiff, John W. Stone Oil Distributor, Inc., for a maritime lien.”
“The Court finds Cooper liable to Globomar in the amount of $21,043.58, the sum Globomar lost as a result of Cooper’s failure to collect and disburse freights in accordance with the GlobomarCaribbean charter.”
“The plaintiff is not entitled to recover on their $98,000 claim for the delay in the voyage.”
“The court finds that the libelant should take nothing in this proceeding.”
“It is therefore ORDERED, ADJUDGED and DECREED that the motions for summary judgment on behalf of Transamerica and Employer’s Reinsurance should be and hereby are GRANTED.”
“The Court finds that the libelant, should take nothing in this proceeding-Decree to be entered accox-dingly.”
“The plaintiffs have failed to carry their burden, and may not recover.”
“there is no proof that the facility was in use for more than thirteen hours in a twenty-four hour period, and the defendant is entitled to judgment.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 1313.5 days (N = 20).
The 20 located assigned cases were all later terminated and included Social Security, prisoner civil-rights, habeas, forfeiture, ERISA, and other statutory matters. This archival slice does not establish the distribution of Thomas's full caseload.
A historical record
Judge Thomas 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.