Michael Joseph Melloy
How Judge Melloy rules, drawn from 32 signed orders. Every observation links to the order it came from.
Judge Melloy no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Melloy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A removing defendant can establish the Class Action Fairness Act amount in controversy with a knowledgeable employee's declaration of total sales when the complaint permits recovery tied to those sales; granular transaction proof is not required at the pleading stage.
“We conclude the Shah declaration was sufficient to support a finding that sales exceeded $5 million.”
Stopping one medication reflects medical judgment rather than deliberate indifference when undisputed side effects support the decision, no resulting harm is alleged, and providers continue other treatment and diagnostic care.
“Given these undisputed negative side effects, it was well within Defendants’ independent medical judgment to stop administering Avonex.”
Procedural preferences
Supervised-release conditions must be pronounced at sentencing rather than added only in the written judgment, so the defendant has an opportunity to object and seek conditions tailored to the statutory objectives.
“Pronouncement of sentence affords the defendant an opportunity to object, raise concerns and challenges as to the sentence, and seek tailored conditions of supervised release limited to what is ‘reasonably necessary’ to meet sentencing objectives.”
Cautions
A bankruptcy court's general equitable or inherent authority cannot override specific Code provisions by denying an amended exemption solely because the debtor acted in bad faith.
“We conclude that Law abrogates Kaelin and precludes the denial of an amendment to a schedule of claimed exemptions based on a debtor’s bad faith.”
At the pretext stage, a plaintiff may attack the factual credibility of the employer's explanation or present evidence that a prohibited reason more likely motivated the decision; ultimately the evidence must connect the action to that prohibited reason.
“A plaintiff can show pretext in at least two ways: (1) ‘[a] plaintiff may show that the employer’s explanation is “unworthy of credence . . . because it has no basis in fact”’; or (2) ‘a plaintiff may show . . . “that a [prohibited] reason more likely motivated the employer.”’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the sentence imposed in this case is vacated and the case is remanded for a resentencing consistent with this opinion.”
“We remand for the district court to clarify the sentence in light of U.S.S.G. § 5G1.3.”
“Accordingly, we affirm the judgment of the district court.”
“We therefore reject Parker's second argument and affirm the judgment of the district court.”
“For the foregoing reasons, we affirm the judgement of the district court.”
“The sentence in this case is long and the upward variance was substantial, but the sentence is not substantively unreasonable. We affirm the judgment of the district court.”
“For these reasons, we reject Mr. Omoware's argument that he was entitled to advance notice before the district court imposed a sentence outside his advisory-Guidelines range. The judgment is affirmed.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a trial caseload; not enumerated.
A historical record
Judge Melloy 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.