William Howard Taft
Judge Taft no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Taft decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Enforces unambiguous insurance-contract language even under the rule of strict construction against the insurer.
“Strict construction against the company cannot destroy the necessary effect of plain language. Parties have a right to contract in this wise if they will.”
Requires a party seeking rescission of a speculative transaction to act promptly rather than await the venture's result.
“He cannot be allowed to remain passive, prepared to affirm the transaction if the concern should prosper, or to repudiate it if that should prove to he to his advantage.”
Requires every claimed element of a patented combination to appear in the accused device before finding infringement.
“in order to constitute the infringement of a combination, it must appear that the alleged infringing device includes every element of the combination as claimed.”
Procedural preferences
Requires a federal question to appear in the plaintiff's own statement of the claim.
“unless that appears by the plaintiff’s statement of his own claim.”
Requires the jurisdictional fact of alienage to be pleaded affirmatively, while permitting an amendment on remand.
“the fact was not made affirmatively to appear”
Permits a directed verdict when the opposing proof amounts to no more than a scintilla.
“The action of the court in directing a verdict was right, and the judgment is affirmed.”
Cautions
Uses a without-prejudice modification to prevent a dismissal from foreclosing a properly framed later action.
“without prejudice to the right of the plaintiff to tile a new suit upon the injunction bond”
Reviews preliminary-injunction decisions for improvident exercise of legal discretion.
“we should not disturb its action.”
Leaves disputed negligence, warning, and workplace-necessity questions to the jury when supported by the record.
“were all left to the jury by proper charges of the court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment of the circuit court is reversed, with instructions to order a new trial.”
“The judgment of the court below is reversed, with directions to order a new trial.”
“Thus modified, the judgment of the court below is affirmed.”
“The judgment of the circuit court is reversed, with directions to remand the case to the circuit court of Wayne county, Mich.”
“The judgment of the circuit court is reversed, at the costs of the plaintiff in error, and the cause is remanded to the circuit court, with leave to apply for amendment, and further proceedings.”
“The decree of the circuit court is therefore reversed, with costs.”
“The appeal is therefore dismissed, at the costs of the appellants.”
“The judgment of the court below is affirmed, at the costs of the plaintiff in error.”
“The action of the court in directing a verdict was right, and the judgment is affirmed.”
A historical record
Judge Taft 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.