James Emmett Barrett
How Judge Barrett rules, drawn from 28 signed orders. Every observation links to the order it came from.
Judge Barrett no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Barrett decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Summary judgment was premature when material facts remained and the nonmoving party had not received discovery needed for a full and fair opportunity to address the motion.
“The court’s grant of summary judgment was therefore premature.”
The federal banking doctrine governing agreements that diminish the receiver's interest applied equally to actions brought by the receiver's assignees.
“D’Oench, Duhme applies to actions brought by FDIC’s assignees as well as by FDIC itself.”
Procedural preferences
Objections to a magistrate judge's recommendation had to be timely and specific to preserve an issue for appellate review.
“a party’s objections to the magistrate judge’s report and recommendation must be both timely and specific to preserve an issue for ... appellate review.”
Mandamus was reserved for extraordinary situations and required the petitioner first to lack another means of securing relief.
“Mandamus is a drastic remedy, which is to be used only in extraordinary situations.”
Cautions
Will award prevailing defendants their reasonable attorney's fees on appeal where a Section 1983 claim is frivolous and without foundation in fact or law.
“Further, we hold that the appellees are entitled to reasonable attorney's fees on this appeal.”
An ineffective-assistance argument failed when it assumed both that a disclosure motion would have been granted and that the undisclosed witness would have helped the defense.
“This contention, however, assumes both that the trial court would have granted the motion and that the confidential informant's testimony would have been favorable to the defense.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“As thus modified and amended, the district court's judgment is affirmed.”
“We reverse the district court finding/conclusion that it does not have jurisdiction to entertain the summary, ex parte, IRS application for administrative search warrants. We remand for further proceedings consistent with this opinion relative to the sufficiency of the affidavit to establish that degree of ‘probable cause’ deemed necessary to satisfy the commands of the Fourth Amendment in the context of the administrative enforcement of the federal tax laws.”
“Reversed and remanded for further proceedings consistent herewith.”
“Reversed in part/ affirmed in part and remanded for further proceedings consistent herewith.”
A historical record
Judge Barrett 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.