Francis Ryan Duffy

How Judge Duffy rules, drawn from 25 signed orders. Every observation links to the order it came from.

Judge Duffy no longer hears cases. This profile is preserved as a historical record of how they ruled here.

Court
U.S. Court of Appeals for the Seventh Circuit
Position
Circuit judge
Status
Deceased
Served
1949–1979
Appointed by
Harry S. Truman (Democratic)
Commissioned
February 2, 1949
Education
University of Wisconsin, B.A., 1910; University of Wisconsin Law School, LL.B., 1912
Signed orders read
25

About Judge Duffy

Francis Ryan Duffy was a judge of the United States Court of Appeals for the Seventh Circuit. Appointed by President Harry S Truman, Judge Duffy received a commission on February 2, 1949. Judge Duffy previously served on the United States District Court for the Eastern District of Wisconsin, commissioned there on June 29, 1939. Judge Duffy assumed senior status on June 30, 1966 and served until death on August 16, 1979.

How Judge Duffy decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

Procedural preferences

Duffy treated persistent judicial questioning and commentary as prejudicial when their cumulative effect compromised the fairness of a criminal trial.

“We hold the cumulative effect of the Court’s questions and statements constituted prejudicial error requiring a new trial.”

In Lewis, Duffy directed that the unseaworthiness, Jones Act negligence, and maintenance-and-cure claims go to the same jury after confusion over the expected verdict form.

“we think justice requires that the issues as above indicated should all be submitted to the same jury.”

In one appeal presenting no federal question, Duffy dismissed on motion because proceeding to a full merits hearing would impose unnecessary expense on the appellees.

“it would be an imposition upon the defendants to inflict the expenses incident to an appeal when it is so clear that nothing that could be presented upon the hearing of the cause could change the obvious fact that this is a case where no federal question is involved”

When alternative liability theories complicated jury submission, Duffy suggested a special verdict or a general verdict with interrogatories instead of requiring an election between theories.

“If the trial court encounters any difficulty in submitting the issues to a jury, use might be made of a special verdict under Rule 49(a) or a general verdict with interrogatories under Rule 49 (b), Federal Rules of Civil Procedure.”

Duffy did not treat counsel's deliberate withdrawal of an appeal after reassessing its prospects as mistake or excusable neglect under Rule 60(b).

“We hold there is no showing in this case of mistake, inadvertence or excusable neglect as those terms are used in Rule 60(b).”

Cautions

In a libel action, Duffy treated the conversion of reported allegations into asserted facts as evidence from which a jury could find reckless disregard.

“a jury could find Time, Incorporated acted with reckless disregard as to whether or not the reworded statements, hereinbefore described, were true or false.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Bernard R. Barkan v. United States
15559 · 1966-10-10
Appeal (post-conviction petitioner/appellant) Denied

“Affirmed.”

United States v. James Petiach
14992 · 1966-02-17
Appeal (selective-service defendant/appellant) Denied

“Affirmed.”

United States v. Billie Gene Bennett, Paul Edward Webb
15152 · 1966-02-01
Appeal (criminal defendants/appellants) Denied

“The judgment of conviction is affirmed.”

Frank Pape v. Time, Incorporated
15101 · 1965-12-28
Appeal (libel plaintiff/appellant) Granted

“The judgment of the District Court is reversed and remanded for further proceedings.”

Berry Refining Company, a Corporation v. Helen Salemi, Frank Hill and Helen Hill
15212 · 1965-12-23
Appeal (corporate plaintiff/appellant) Granted

“Reversed and remanded.”

United States v. Frederick Cornelius Hoston
15146 · 1965-12-08
Appeal (juvenile defendant/appellant) Denied

“Affirmed.”

United States v. Gus N. Kountis
15025 · 1965-10-12
Appeal (criminal defendant/appellant) Denied

“Affirmed.”

United States v. Irving Jules Stolberg
14395 · 1965-06-07
Appeal (selective-service defendant/appellant) Granted

“Reversed.”

Eva Lee Lewis v. Federal Barge Lines, Inc., a Corporation
14600 · 1965-02-24
Appeal (injured worker/appellant) Granted

“Reversed and remanded with instructions that the issues as to unseaworthiness of the vessel, negligence under the Jones Act and for maintenance and cure, be submitted to a jury.”

Lee E. Lane v. Swingspout Measure Co., a Corporation, the Trell Company, Thomas F. Lannin, Lannin Sales Company
14658 · 1964-12-15
Appeal (antitrust plaintiff/appellant) Denied

“Affirmed.”

United States v. Lawrence Hill
14318 · 1964-05-19
Appeal (criminal defendant/appellant) Granted

“Reversed and remanded for a new trial.”

Joseph H. Milani v. United States
14042 · 1963-08-15
Appeal (post-conviction petitioner/appellant) Granted

“Reversed and remanded”

Caseload & timing

From public federal docket records for this judge.

Circuit judges do not carry a single assigned trial caseload.

A historical record

Judge Duffy no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.