Thomas Francis McAllister
Judge McAllister no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McAllister decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Declines to enforce an administrative order when the agency's finding lacks substantial evidentiary support.
“The Board’s conclusion that respondent was guilty of an unfair labor practice in his poll of employees is without, substantial support in the evidence.”
Recognizes federal jurisdiction over a civil-rights challenge without requiring proof of a jurisdictional amount.
“the trial court had jurisdiction over the suit, without allegation or proof of the jurisdictional amount.”
Procedural preferences
Avoids federal interference when the parties already joined the same issues in a pending state estate proceeding.
“the state court had exclusive jurisdiction, and the federal court had no right to interfere with the pending litigation.”
Removes a retrial issue from the jury when only a question of law remains.
“Since only the question of law with respect to classification remains, there is no issue for a jury to consider upon retrial.”
Cautions
Requires proof of actual or intentional fraud before disturbing a probate court's settled accounting.
“appellant failed to prove any actual or intentional fraud, or that the guardian depleted the estate funds to his own advantage.”
Disregards procedural errors that neither prejudice substantial rights nor undermine substantial justice.
“there was no error prejudicial to the rights of appellants or inconsistent with substantial justice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The order of the district court dismissing the case is, accordingly, affirmed.”
“the judgment of the district court granting ap-pellee’s motion for summary judgment dismissing the complaint is affirmed.”
“The order of the district court was, under the authority of Adkins v. E. I. Du Pont De Nemours & Co., 335 U.S. 331, 69 S.Ct. 85, improvidently issued, and is, accordingly, set aside, the bond canceled, the surety discharged, and any fees paid the government by the surety as a consequence of the order of the district court are hereby ordered refunded. With respect to other contentions of appellants, we find no reversible error. The judgment of the district court is affirmed.”
“The petition for enforcement of the Board’s order is, accordingly, denied.”
“the decision of the Tax Court is reversed and a deficiency of $604.-05 is ordered entered in petitioner’s excess profits tax for 1941.”
“The case is remanded to the district court for further proceedings in accordance with this opinion.”
“the decision of the Tax Court is reversed and the case remanded for proceedings not inconsistent with this opinion.”
“the judgment of the District Court denying the petition for a writ of habeas corpus be and is hereby affirmed.”
“the judgment of the district court, entered upon the verdict of the jury, is affirmed.”
“the case is remanded to the district court for entry of an order consonant with this opinion.”
A historical record
Judge McAllister 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.