Francis Muir Scarlett
Judge Scarlett no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Scarlett decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Stayed duplicative litigation when an earlier state action could resolve the same dispute efficiently and fairly.
“they have no right to engage the court or their adversaries in wasteful activities when another forum is available where claimed grievances may be fully and fairly heard”
Read testamentary language according to its ordinary meaning to determine whether the surviving spouse held a general power of appointment.
“The intention of the testator can most clearly be discovered by looking to the words of the instrument and giving them the most common and normal meaning.”
Procedural preferences
Treated statutory exemptions as employee-specific rather than as blanket protection for an employer's entire operation.
“it is quite possible for an employer who operates motor vehicles transporting property in interstate commerce, to have some employees subject to the exemption while others would not fall within it.”
Resolved cross-motions on authenticated records where the material facts showed that a government driver acted outside the scope of employment.
“the Government vehicle was wrongfully appropriated is conclusively established by the record”
Cautions
Required a concrete showing of severe, unforeseen hardship before modifying an existing consent decree.
“The mere fact that it may be the only dealer so required does not, ipso facto, entitle petitioner to relief unless that fact is clearly shown to result in ‘grievous wrong’ or undue and unreasonable, financial or competitive hardship”
Applied sovereign-immunity limits strictly when Congress had not authorized judicial review of a statutory benefit determination.
“The principle is well settled that the United States may not be sued without its consent and then only in the manner and to the extent specified in the Act of Congress authorizing a waiver of the sovereign’s immunity from suit.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the relief sought by the defendants’ motion to stay further proceedings is granted”
“Accordingly, this Court finds for the Defendant.”
“It is hereby ordered, adjudged and decreed that the defendant shall refund to the plaintiff the amount of $27,924.-54, plus interest thereon.”
“That the plaintiff, Ng Gim Nun, is entitled to have his nationality confirmed by an appropriate decree of this Court”
“The Court concludes that the plaintiffs are entitled to recover.”
“That defendants’ motion to dismiss the petitioner's prayer for a temporary and permanent injunction is granted.”
“That petitioner’s prayer (c) that the use of said evidence be suppressed and the defendant be required to return said evidence to petitioner is denied.”
“the motion of the defendant to dismiss the Indictment and all the counts thereof, be and the same is hereby sustained, and the Indictment and all counts thereof is hereby dismissed.”
“Plaintiff’s prayer for injunction is denied and the petition is hereby dismissed.”
“I could not sustain defendant’s motion in this case because of the other allegations of the complaint”
“this Court grants plaintiff’s motion for summary judgment, denies defendant’s motion for summary judgment”
“the respondents’ motions to dismiss be denied”
“the li-bellant is granted judgment against the-respondent, E. B. Pinckney, in the-amount of $893.09”
“the libel against the respondents, Sam Adler and Liberty Plumbing Supply and Salvage Co., Inc., be, and the same is, hereby dismissed with prejudice”
“The defendants’ motion to dismiss as to the plaintiff’s first cause of action is hereby sustained.”
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions predate representative electronic case-level dockets. The profile therefore makes no claim about complete caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Scarlett 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.