U.S. Court of Appeals for the Tenth CircuitcircuitDeceased · served 1929–1937Appointed by Herbert Hoover (Republican) 29 signed orders read
Judge McDermott no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McDermott decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
In war risk insurance appeals tried to a jury, will not disturb a verdict supported by substantial evidence, treating reexamination of the facts as barred by the Seventh Amendment even where the panel doubts the result.
“the verdict of the jury settles the matter; while we think the jury erred, we are powerless to correct the error.”
Enforces the rule requiring bills of exceptions to be settled within the time fixed by the Supreme Court's rules, refusing to review trial errors where the bill was untimely.
“When the right to file a bill of exceptions has been lost by expiration of time, it cannot be revived by an order purporting to speak retroactively.”
Judge McDermott 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.