Julian William Mack
Judge Mack no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Mack decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats substitution of federal bankruptcy control for a state receivership as insufficient, by itself, to establish fraud.
“But merely endeavoring to substitute federal for state control does not constitute fraud.”
Finds no patent infringement where the accused structure omits the limiting feature that distinguished the claimed invention.
“In these circumstances, whatever the validity of the reissued patent, infringement cannot be found.”
Requires proof rather than conjecture when an insurance claim depends on whether a shooting was accidental or intentional.
“Surmise, however, does not suffice;”
Procedural preferences
Ordinarily declines to consider unpreserved trial errors unless the record shows a clear miscarriage of justice.
“Except under circumstances clearly resulting in a miscarriage of justice, this court will not consider alleged errors, unless proper exceptions were taken at the trial.”
Requires extraordinary workplace risks to be actually known and appreciated before treating them as assumed.
“Extraordinary risks differ from ordinary risks in that they are held to be assumed only when actually known and appreciated”
Returns credibility-dependent fraud issues to the trial judge who observed the witnesses.
“we deem it best to have the experienced trial judge who saw and heard the witnesses make *1023a finding in respect thereto in the first instance.”
Cautions
Construes a lessee-drafted lease provision against the lessee and in favor of the lessor.
“are usually construed most strongly against him and in favor of the lessor.”
Recognizes the heightened proof burden borne by a party seeking to undo a litigation settlement.
“the heavy burden of proof resting upon plaintiffs in actions to set aside settlements of litigation”
Requires disputed payment and guaranty-waiver issues to reach the jury when the evidence supports both questions.
“the failure to submit to the jury, as requested, the issues of conditional or absolute payment and of express waiver of the guaranty, was reversible error.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Judgment reversed, and cause remanded for a new trial.”
A historical record
Judge Mack 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.