Monroe Gunn McKay
How Judge McKay rules, drawn from 28 signed orders. Every observation links to the order it came from.
Judge McKay no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McKay decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Moving a well within the location authorized by unambiguous agreements, even without notice, did not rise from possible negligence to gross negligence.
“It was perhaps negligent not to inform Appellant of the change. However, pursuant to the binding agreements in this case, it was not gross negligence.”
A commercial general liability policy did not operate as a guarantee that the insured's construction work would meet contractual quality requirements.
“A commercial general liability insurance policy is not intended to provide an anticipatory guarantee of quality work.”
Procedural preferences
A civil-rights claim barred by an outstanding conviction was dismissed without prejudice so it could be brought if the conviction was later overturned.
“When a § 1983 claim is dismissed under Heck, the dismissal should be without prejudice.”
A voluntary dismissal under Rule 41(a)(1) took effect upon filing and left the court without jurisdiction to reinstate the case over the plaintiff's objection.
“The effect of the filing of a notice of dismissal pursuant to Rule 41(a)(1)(i) is to leave the parties as though no action had been brought.”
Cautions
General violence or civil unrest did not establish asylum eligibility without a connection to a protected ground.
“standing alone, pervasive violence or civil unrest in an applicant’s country, without any indicia of connection to a protected ground asserted by the applicant, is not a basis for asylum.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We reject all of defendant's challenges to his sentence, and we AFFIRM the judgment and sentence of the trial court.”
“AFFIRMED in part, REVERSED in part, and REMANDED.”
“We therefore reverse and remand this case to the district court with instructions to vacate Mr. Fennell's sentence and resentence him in accordance with this opinion.”
“We AFFIRM the district court but REMAND with directions to MODIFY the judgment to reflect that Mr. Fottler's claim is dismissed without prejudice.”
“For the foregoing reasons, the decision of the district court is reversed and remanded.”
“Accordingly, the district court's decision is reversed, and we remand for entry of judgment in favor of Mutual Service Casualty Insurance.”
“We REVERSE and REMAND to the district court with instructions to vacate the sentence and resentence in a manner consistent with this opinion.”
“AFFIRMED in part, REVERSED and REMANDED in part.”
“We REVERSE and REMAND to the district court for further disposition in a manner consistent with this opinion.”
“AFFIRMED in part, REVERSED in part, and REMANDED to the district court for entry of judgment consistent with this opinion.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges review appeals rather than manage a federal trial docket, so trial-court caseload and motion-timing metrics do not apply.
A historical record
Judge McKay 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.