Morris Ames Soper
How Judge Soper rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Soper no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge Soper
Morris Ames Soper was a judge of the United States Court of Appeals for the Fourth Circuit. Appointed by President Herbert Hoover, Judge Soper received a commission on January 19, 1932. Judge Soper previously served on the United States District Court for the District of Maryland, commissioned there on February 24, 1923. Judge Soper assumed senior status on June 2, 1955 and served until death on March 11, 1963.
How Judge Soper decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats the negligent failure to discover a mutual mistake as compatible with equitable reformation when the evidence otherwise justifies relief.
“the negligent failure of a party to know the facts as to which both parties are under a mistake does not preclude reformation”
Applies federal wage protections to all commingled duties when an employee performs substantial interstate and intrastate work without separate treatment by the employer.
“if an employee's duties are partly intrastate and partly interstate, his entire compensation must conform to the provisions of the statute.”
Procedural preferences
Requires a genuinely final judgment before appellate review when unresolved claims or parties remain below.
“an appeal will not lie to bring up a judgment that has not completely disposed of an action”
Excuses exhaustion when an administrative process is inadequate or operates to deny the asserted right.
“administrative remedies need not be sought if they are inherently inadequate or are applied in such a manner as in effect to deny the petitioners their rights.”
Cautions
In Friedman v. Morris, Soper ordered a new trial because the last-clear-chance instruction did not address each party's duty in substantially the same terms.
“should have emphasized the duty of each party to save the other from the consequences of the other’s negligence in substantially the same terms.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Affirmed upon the opinion of the District Court, 172 F.Supp. 905. Affirmed.”
“The appeal must therefore be dismissed.”
“the judgment of the District Court will be affirmed. 11 Affirmed.”
“The judgment of the District Court is affirmed as to the liability of PTF under its policy but reversed as to the liability of Hartford under its policy, and the case is remanded so that judgment may be entered in the District Court in accordance with this opinion.”
“The appeal and the cross-appeal in this case will, therefore, be dismissed. Dismissed.”
“The District Judge was justified in dismissing the petition without a hearing and his order is affirmed,”
“The order of the District Court is therefore affirmed.”
“The judgment must be reversed and the case remanded for further proceedings. Reversed and remanded.”
“the summary judgment dismissing this suit was correct. See Swearingen v. Parkersburg Sentinel Co., 125 W.Va. 731, 26 S.E.2d 209. Affirmed.”
“The decision of the Board of Tax Appeals is reversed.”
A historical record
Judge Soper 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.