Peter Thorp Fay
How Judge Fay rules, drawn from 29 signed orders. Every observation links to the order it came from.
Judge Fay no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Fay
Peter Thorp Fay was a judge of the United States Court of Appeals for the Eleventh Circuit. Appointed by President Gerald Ford, Judge Fay was commissioned to the United States Court of Appeals for the Fifth Circuit on September 21, 1976 and reassigned to this court on October 1, 1981. Judge Fay previously served on the United States District Court for the Southern District of Florida, commissioned there on October 16, 1970. Judge Fay assumed senior status on January 19, 1994 and served until death on January 31, 2021.
How Judge Fay decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Pereda v. Brookdale Senior Living Communities, Fay held that the FMLA protected an employee’s pre-eligibility request for leave to be taken after eligibility began, and reversed dismissal of her interference and retaliation claims.
“Our decision today simply means that pre-eligible discussion of post-eligible FMLA leave is protected activity under the FMLA.”
In Fitzpatrick v. General Mills, Fay applied the FDUTPA objective reasonable-person test without requiring each purchaser to show reliance on the challenged representation.
“a plaintiff need not prove reliance on the allegedly false statement to recover damages under FDUTPA, but rather a plaintiff must simply prove that an objective reasonable person would have been deceived.”
In Martinez Ruiz v. U.S. Attorney General, Fay considered the petitioner’s kidnapping, beatings, and threats together and found that they amounted to persecution.
“We have no difficulty in concluding that this kidnaping, coupled with the beatings before and during the kidnaping, and the threatening phone calls, cumulatively amount to persecution.”
In Niftaliev v. U.S. Attorney General, Fay questioned a demand that this petitioner obtain decade-old corroborating records from the same government alleged to have persecuted and imprisoned him.
“We are also troubled by the notion of condemning the petitioner for failing to obtain some sort of documentation from the same government that persecuted and imprisoned him, concerning incidents that occurred approximately ten years ago.”
Procedural preferences
In Taurus Holdings v. United States Fidelity & Guaranty, Fay explained that the panel had sought guidance from the Florida Supreme Court on an important state-law question without binding precedent.
“Because we were faced with an important question of Florida law where no binding precedent was present, we decided to seek the guidance of the Florida Supreme Court before reaching our decision.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“After careful consideration, we hold that the district court erred in entering the judgment of acquittal and reverse and remand.”
“we grant Ruiz’s request for reconsideration of his petition for withholding of removal and remand for further proceedings consistent with this opinion.”
“For the reasons set out below, we reverse.”
“For these reasons, we affirm the judgment of the district court.”
“For the reasons set forth below, we affirm Tagg’s conviction.”
“Accordingly, Wright has presented no reversible error and we affirm the decision of the district court.”
“We hold that judicial estoppel was appropriate and affirm the district court’s grant of summary judgment.”
“Consequently, we vacate the order certifying the class and remand for reconsideration by the district court.”
“We answer that question in the affirmative, and therefore reverse.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges sit on appellate panels rather than carrying an assigned trial caseload. Judge Fay's 1970-1976 Southern District of Florida service is outside this appellate profile.
A historical record
Judge Fay no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.