Malcolm Richard Wilkey
Judge Wilkey no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Wilkey decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Wilkey deferred to agency judgments that survived the governing limited standard of judicial review, even when he questioned their practical wisdom.
“Although we have doubts about the wisdom of the FCC’s action, its order survives the limited judicial scrutiny permitted here.”
Procedural preferences
Wilkey required agencies to articulate the basis for operating restrictions clearly enough to permit judicial review.
“We conclude that the ICC has not articulated the basis for its partial tacking restriction in this case in such a manner as to enable us to sustain the order at this time.”
He required agencies changing an established filing standard to provide notice and a reasoned explanation before applying the new standard.
“The FPC acted arbitrarily and abused its discretion in applying a standard contrary to its existing regulations.”
Cautions
He treated summary disposition as improper when material contract terms remained unresolved and discovery was still limited.
“We do not hold that Hodge has established his case, but we do conclude that he should be given the chance to do so.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We affirm the Commission’s order.”
“On remand, the District Court must ascertain whether the decision of Dean Witter to require additional collateral was based upon an ad hoc exercise of discretion or rather upon standards employed internally as a matter of general policy.”
“The orders here in issue are vacated and the case remanded for action consistent with this opinion.”
“For the purpose of clarifying its partial restriction on tacking in this case, we vacate the order under review and remand the record to the Commission to conduct proceedings not inconsistent with this opinion.”
“Accordingly, we vacate the District Court’s approval of the compensation procedure and remand for further proceedings not inconsistent with this opinion.”
“Accordingly, we affirm the orders under review.”
“Reversed and Remanded.”
“The judgment of the court below accordingly is Affirmed.”
“The Civil Aeronautics Board is empowered by Congress to preempt state regulatory agencies in interstate commerce and accordingly the decision of the Board is Affirmed.”
“Affirmed.”
“In conclusion, since we find that the Commission failed to comply with the relevant requirements of the APA, the order and rules at issue in this case are vacated and this case is remanded to the Commission for further proceedings not inconsistent with this opinion.”
“Accordingly, the Commission’s order, depending as it does on such a finding, is Vacated and remanded for further proceedings.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Wilkey 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.