Charles Allen Moye Jr.

United States District Court for the Northern District of Georgia district Retired 2010 · served 1970–2010 Appointed by Richard Nixon (Republican) 9 signed orders read

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

How Judge Moye decides

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

What persuades

He required proof of an actual death rather than treating a probate presumption as equivalent evidence.

“The Court believes that a ‘public record of death’ must be a record of death in fact.”

He found implied juror bias where a juror's spouse directly assisted the prosecuting office in the same case.

“An average person in Mr. Keys’s position as the husband of a volunteer worker at the district attorney’s office would be partial to the prosecutor’s case.”

He treated independent development by a third party as defeating trade-secret misappropriation.

“Defendant did not misappropriate Plaintiffs Magic Windows labels, either the concept or the actual printing process”

Procedural preferences

He certified an interlocutory appeal when a reasonable appellate judge could disagree even though he continued to regard his ruling as correct.

“this Court is not prepared to say that no reasonable appellate judge would vote to reverse this Court’s earlier order.”

He declined interlocutory review where the governing law was clear and only discretionary sanction selection remained.

“The issue before the court does not involve a controlling question of law. The law is clear.”

Cautions

A party seeking to show discriminatory pretext needed evidence of similarly situated employees treated more favorably.

“Plaintiff failed to provide evidence of similarly situated paramedics who were treated more leniently than he.”

State claims tied to discipline under a collective bargaining agreement could not avoid federal labor-law preemption.

“Plaintiffs claims must be dismissed as preempted by § 301 because her claims against defendant cannot be adjudicated without determining whether ‘plaintiffs complaints were in accord with the corporation’s rights and duties under the [CBA]’”

Signed rulings

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

Carter ex rel. Carter v. Bowen
· 1987-03-09
Social security appeal (claimant) Denied

“The decision of the Secretary of Health and Human Services is AFFIRMED.”

Nichols v. Thomas
· 1992-02-27
Habeas petition (petitioner) Granted

“the court GRANTS the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 [# 1-1], as amended to delete unexhausted state grounds [# 11-1], and the petitioner shall be released unless retried within 120 days of the entry of this order.”

Motion to appoint counsel (petitioner) Denied

“Petitioner’s motion for appointment of counsel [# 12-1] is DENIED as recommended by the Magistrate.”

Motion for extension of time (petitioner) Granted

“petitioner’s motion to extend time to file his objections to the Magistrate’s Report and Recommendation [# 15-1] is GRANTED”

Singletary v. Southeastern Freight Lines, Inc.
· 1993-10-14
Interlocutory appeal certification (defendant) Granted

“Defendants’s motion to certify this Court’s order of September 13,1993 for interlocutory appeal is GRANTED.”

Worldspan, L.P. v. Sabre Group Holdings, Inc.
· 1998-07-13
Motion to disqualify counsel (plaintiffs) Granted

“For the reasons set forth below, the motion is GRANTED.”

Interlocutory appeal certification (defendants) Denied

“the defendants’ motion for certification for interlocutory appeal (# 44-2), it must be DENIED.”

Williams v. Lear Operations Corp.
· 1999-11-02
Motions to dismiss (defendant) Granted

“the court hereby GRANTS defendant’s motion to dismiss [# 3].”

Allison-Erwin Co. v. Saturn Freight Systems, Inc.
· 2000-06-29
Summary judgment (Saturn Freight Systems) Granted

“The Court therefore GRANTS the motions of Saturn and Truck Air for summary judgment as to Plaintiffs claims [20-1, 21-1]”

Summary judgment (Truck Air of the Carolinas) Granted
Collis v. Gwinnett County, Georgia
· 2001-03-28
Summary judgment (defendants) Granted

“the Court GRANTS Defendants’ motion for summary judgment [14-1].”

Penalty Kick Management Ltd. v. Coca-Cola Co.
· 2001-03-28
Summary judgment (defendant) Granted

“the Court GRANTS Defendant’s motion for summary judgment [73-1].”

Motion to strike expert report (defendant) Moot / procedural

“Defendant’s motion to strike the damages report of Richard S. Higgins or, in the alternative, to limit damages, [74-1] and Plaintiffs motion to file a sur-reply relating to Defendant’s motion [91-1] are denied as moot.”

Motion for leave to file surreply (plaintiff) Moot / procedural
AirTran Airlines, Inc. v. Plain Dealer Publishing Co.
· 2002-02-26
Summary judgment (defendant) Denied

“The court hereby DENIES defendant’s motion for summary judgment.”

Caseload & timing

From public federal docket records for this judge.

The historical docket records did not retain enough entry or case metadata to support a responsible claim about caseload mix or duration.

A historical record

Judge Moye 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.