Albert Tate Jr.
Judge Tate no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Tate decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats newly discovered evidence offered after conviction with caution, especially when a previously silent codefendant later offers exculpatory testimony.
“Motions on grounds of newly discovered evidence “are not favored by the courts and are viewed with great caution.””
Gives substantial weight to an agency's reasonable interpretation within a complex statutory program when the record supports the result.
“We accord the Secretary special deference in its exercise of administrative expertise in interpreting this regulation”
Procedural preferences
Treats a voluntary dismissal as terminating the action, requiring a new filing rather than later reactivation.
“A voluntary dismissal without prejudice leaves the situation as if the action had never been filed.”
Resolves factual uncertainty against the movant at summary judgment.
“Any doubt as to the existence of a material fact is to be resolved against the moving party.”
Cautions
Requires a timely filing to tell the defendant what the claim is and the grounds supporting it.
“neither adequately gave notice to the defendant employer of what the plaintiff’s claim was and the grounds upon which it rested.”
Places substantial weight on finality when a party seeks equitable relief from a consent judgment after abandoning an earlier opportunity to litigate the issue.
“the general policy in favor of finality of litigation”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For these reasons, therefore, we decline to depart from or modify Dean and, accordingly, AFFIRM the judgments of the Tax Court.”
“Because the orders complained of by this appeal are non-appealable interlocutory orders, the appeal is DISMISSED.”
“Accordingly, we AFFIRM the revocation of probation.”
“We AFFIRM the district court’s opinion upholding the Secretary’s decision that the plaintiff’s Intermediate Care Units is not a “special care unit” within the meaning of 42 C.F.R. § 405.-452(d)(10).”
“Accordingly, for the reasons more fully set forth by that court’s opinion, we AFFIRM the dismissal of the plaintiff’s suit.”
“Accordingly, we AFFIRM the judgment of the district court dismissing the plaintiff Forno’s suit in tort against the defendant Gulf.”
“Therefore, finding no merit to the contention raised by the defendant on this appeal, we AFFIRM his conviction.”
“Accordingly, we AFFIRM its judgment disallowing such costs.”
“Accordingly, we AFFIRM the Board’s ruling that dismissed the petitioner Lyles’ appeal to it.”
“Accordingly, we AFFIRM the judgment dismissing the plaintiff’s suit.”
“Accordingly, we AFFIRM the judgment of the district court denying a new trial.”
“Accordingly, we AFFIRM the judgment ordering forfeiture of the bond.”
A historical record
Judge Tate 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.