James Cullen Ganey
How Judge Ganey rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Ganey no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Ganey
James Cullen Ganey was a judge of the United States Court of Appeals for the Third Circuit. Appointed by President John F. Kennedy, Judge Ganey received a commission on August 15, 1961. Judge Ganey previously served on the United States District Court for the Eastern District of Pennsylvania, commissioned there on June 19, 1940. Judge Ganey assumed senior status on August 15, 1966 and served until death on February 7, 1972.
How Judge Ganey decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Permits states to develop practical search-and-arrest rules so long as they remain within federal constitutional limits.
“The States are not thereby precluded from developing workable rules governing arrests, searches and seizures to meet ‘the practical demands of effective criminal investigation and law enforcement’ in the States, provided that those rules do not violate the constitutional proscription of unreasonable searches and seizures and the concomitant command that evidence so seized is inadmissible against one who has standing to complain.”
Requires more than the mere existence of one local distributor to establish monopolization.
“the mere existence of a sole distributor in a certain locality resulting from the permission granted to a single firm by a number of publishers and national distributors, not shown to be acting in concert, to sell at wholesale certain publications in that locality does not per se offend § 2 of the Sherman Antitrust Act”
Procedural preferences
Treats a pretrial order as controlling the later course of trial unless modification is needed to prevent manifest injustice.
“such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice.”
In Naglis v. Waterman Steamship Corp., he affirmed a longshoreman's injury verdict, holding that the jury could resolve conflicting expert testimony on the shipowner's third-party claim against the pier operator.
“Here, again, the resolution of the testimony was for the jury and they believed the third-party defendant’s expert, rejecting the testimony of the defendant’s expert, and, as indicated above, this was solely a matter to be passed upon by the jury.”
Cautions
In McQuaid v. United States, Ganey affirmed the trial court’s finding against an injured shipyard worker because the record did not show how the accident occurred or that the government controlled the staging involved.
“On this record we cannot so find”
Treats a counseled, voluntary guilty plea as waiving objections to earlier proceedings absent demonstrated prejudice.
“Additionally, a voluntary and intentional plea of guilty on the advice of counsel constitutes a waiver to any objection of prior proceedings which may also include violation of defendant’s rights.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the judgment will be affirmed.”
“The order dismissing the complaint will be affirmed.”
“The judgment of the District Court will be affirmed”
“The order of the district court will be affirmed.”
“The decree of the district court will be affirmed.”
“The judgment of the district court will be reversed and the case will be remanded with directions to award plaintiff a new triaL”
“The decision of the Tax Court will be affirmed.”
“the judgment of that court will be affirmed.”
“The judgment of the District Court will be affirmed.”
“the order of the Board will be enforced.”
“Accordingly, the judgment of the district court will be affirmed.”
“the judgment of the trial court will be affirmed.”
A historical record
Judge Ganey 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.