George Edward MacKinnon
Judge MacKinnon no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge MacKinnon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Reads statutory text closely and refuses to imply exceptions Congress did not enact, invoking canons such as expressio unius to hold that an enumerated list of exceptions is exclusive.
“Congress' specific enumeration of certain exceptions indicates that no other exceptions were intended.”
Looks to the substance and realities of a transaction or claim rather than the labels the parties attach to it.
“Lyeth holds that it is the realities of the claim that control the characterization of the subsequent compromise or settlement, not the labels of the parties.”
Procedural preferences
Extends substantial deference to an agency's interpretation of its own certificates, rules, and orders, upholding them unless clearly erroneous or inconsistent with the regulation.
“It is standard law that the ICC's interpretation of a certificate should not be set aside unless it is clearly erroneous.”
Expects litigants to build and preserve a proper record below, declining relief where a party failed to develop the point in the trial court.
“If appellant desires to press the matter further it is incumbent upon him to make a proper record in the District Court which he is permitted to do in a proceeding under 28 U.S.C. § 2255.”
Cautions
Construes statutory time limits and jurisdictional prerequisites strictly, declining to toll or extend them absent express statutory authorization.
“Where a time limitation is jurisdictional, it must be strictly construed and will not be tolled or extended on account of fraud.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The ease is remanded to the district court for disposition consistent with this opinion.”
“Although we affirm the decision of the Board, we are of the opinion that the order should be modified to recognize more clearly the scope of the company's supervisory authority.”
“The action of the District Court in this case is affirmed.”
“we affirm the decision of the district court in all respects but this one, and remand the ease for reconsideration of prejudgment interest.”
“the Commission's decision is in all respects affirmed.”
“The three decisions of the Federal Communications Commission are affirmed in their entirety.”
“We accordingly affirm the action of the Commission.”
“The judgment of the district court is affirmed in all respects.”
A historical record
Judge MacKinnon 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.