John T. Laney III
How Judge Laney rules, drawn from 20 signed orders. Every observation links to the order it came from.
How Judge Laney decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When statutory text is clear, the court will not use legislative history to rewrite an omission.
“it would be inappropriate for the Court to consider the legislative history when the text of the statute is otherwise clear.”
Procedural preferences
Reconsideration requires an extraordinary basis and cannot be used simply to relitigate a settled matter.
“Rule 9023 incorporating Rule 59 is an ‘extraordinary remedy’ and not a tool to relitigate settled matters.”
Cautions
Fraud allegations must satisfy the heightened pleading rule, although a curable deficiency may receive a short amendment period.
“The Court finds that the Plaintiff’s complaint does not comply with Rule 7009.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court DENIES the Movant’s motion.”
“the Court DENIES the Plaintiff’s motion as to Count I and GRANTS the motion as to Count III and DISMISSES the claim with prejudice.”
“the Court GRANTS the Defendant’s motion as to Counts I and III unless otherwise amended. The Court DENIES the Defendant’s motion as to Counts II and IV.”
“the Court overrules the Creditor’s objection.”
“the Court denies the Debtor’s Motion to Reconsider or Vacate Judgement.”
“The Court grants the Defendant’s motion to dismiss”
“The Court denies the Defendants’ motions as to their arguments under Rule 12(b)(3)”
“overrules the outstanding objections.”
“overrules her outstanding objection.”
“the Court approves its plan for confirmation.”
“The Court finds the Plaintiffs failed to meet their burdens of proof and finds the Plaintiffs’ debts are dischargeable.”
“the Court orally granted the Debtor’s motion to sell.”
“The Court overruled U.S. Bank’s objections”
“GRANTS the Defendant’s motion in part as to Rule 7009 and orders the Plaintiff to amend his complaint within fourteen days.”
“The Debtors’ discharge is, therefore, denied.”
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Ezel grounds your drafting and research in this profile: what has persuaded Judge Laney, and what has not, cited to the signed orders.
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