John Kelvey Richards
Judge Richards no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Richards decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Preserves jury resolution when any substantial evidence could reasonably support the disputed issue.
“If there is any substantial evidence bearing upon the issue to which the jury might in the proper exercise of its function give credit, the court cannot rightfully direct the jury to find in opposition to such evidence”
Treats genuinely new inventive combination, not merely known components or results, as the touchstone of patentability.
“Nor was there any combination produced which had the merit of novelty or invention.”
Procedural preferences
Uses equity when the structure of the dispute cannot be fairly resolved through an action at law.
“the only way to solve the difficulties of the situation presented is through the medium of a court of equity”
Requires bankruptcy litigants to use the statutory review mechanism suited to an administrative question.
“The question was properly presented by a petition for review”
Cautions
Does not let unfair-competition doctrine create exclusivity in functional product features that competitors may lawfully use.
“the doctrine of unfair competition cannot be successfully invoked to abridge the freedom of trade competition.”
Does not allow a failed litigation theory or lack of proof in one suit to be repaired through a contradictory later action.
“A mistake in launching litigation,, or a failure of proof upon trial, cannot be corrected in the manner at1 tempted in this suit.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The decree of the Circuit Court in the equity case and the judgment in the law case' must both be affirmed.”
“the judgment of the court below is consequently affirmed.”
“the judgments upon the tenth, eleventh, twelfth, and fourteenth counts must be reversed, and the cause remanded, with directions to arrest the judgment upon these counts. *294The judgment below, so far as it relates to the first, second, third, thirteenth, fifteenth, and sixteenth counts, is affirmed.”
“The judgment of the Circuit Court is therefore reversed, and the case remanded”
“The judgment of the lower court is reversed, and the case remanded for a new trial.”
“The judgment of the court below is reversed.”
“the judgment of the court below dismissing the bill is reversed, and the case remanded”
“The judgment of the lower court is affirmed.”
“The judgment of the lower court is reversed, and the case remanded”
“we affirm the judgment of the lower court.”
“The judgment of the lower court is affirmed.”
A historical record
Judge Richards 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.