Marion Tinsley Bennett

U.S. Court of Appeals for the Federal Circuit circuit Retired 1986 · served 1982–1986 Appointed by Richard M. Nixon (Republican) 25 signed orders read

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

How Judge Bennett decides

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

What persuades

Bennett vacated a damages award when review of the record produced a firm conviction that the trial court had misjudged the equities.

“Upon our weighing of the relevant factors, we are left with the definite and firm conviction that the district court committed a clear error of judgment in granting any measure of compensation for damages.”

Procedural preferences

Bennett treated an existing district-court judgment as controlling where the employee sought duplicative administrative relief.

“The MSPB properly deferred to the judgment of the district court and dismissed petitioner’s appeal as moot with respect to the board.”

He required dismissal when the court below lacked Tucker Act jurisdiction.

“The judgment of the Claims Court is vacated and the case is remanded to that court with the instruction that it dismiss this suit for lack of jurisdiction under the Tucker Act.”

Cautions

Bennett separated patent invalidity from distinct unfair-competition theories rather than allowing one ruling to dispose of all claims.

“The grant of summary judgment based on the invalidity of the Schwartz patent is affirmed. The grant of summary judgment as to the Lanham Act and the two California State causes of action is vacated.”

Signed rulings

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

Gila River Pima-Maricopa Indian Community v. United States
· 1982-12-10
Appeal (appellant) Granted in part

“AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.”

Brunswick Bank & Trust Co. v. United States
· 1983-05-09
Appeal (appellant) Granted in part

“AFFIRMED IN PART.”

Schwartz v. Department of Transportation
· 1983-08-23
Petition for review (petitioner) Denied

“AFFIRMED.”

Miguel v. Department of the Army
· 1984-02-07
Petition for review (petitioner) Granted

“REVERSED AND REMANDED.”

Wright v. United States
· 1984-03-02
Appeal (appellant) Denied

“AFFIRMED.”

Alaniz v. Office of Personnel Management
· 1984-03-05
Appeal (appellant) Granted in part

“AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.”

Cities Service Pipe Line Co. v. United States
· 1984-09-06
Appeal (appellant) Denied

“AFFIRMED.”

Bandag, Inc. v. Al Bolser's Tire Stores, Inc.
· 1984-11-08
Appeal (appellant) Granted in part

“AFFIRMED IN PART, VACATED IN PART, REVERSED IN PART, AND REMANDED.”

Cole v. Office of Personnel Management
· 1985-02-08
Petition for review (petitioner) Granted in part

“AFFIRMED-IN-PART, VACATED-IN-PART, and REMANDED.”

American Financial Associates, Ltd. v. United States
· 1985-03-04
Appeal (appellant) Denied

“AFFIRMED.”

Wilburn v. Department of Transportation
· 1985-03-13
Petition for review (petitioner) Granted

“REVERSED AND REMANDED.”

McCarley v. Merit Systems Protection Board
· 1985-03-20
Petition for review (petitioner) Denied

“AFFIRMED.”

Caseload & timing

From public federal docket records for this judge.

Not applicable to this circuit-court record.

A historical record

Judge Bennett 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.