Eugene R. Gilmartin
Judge Gilmartin no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gilmartin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Gilmartin treated a property-damage claim against the United States as actionable when the same conduct would expose a private person to liability under local law.
“Since the test is simply whether a private person could be sued under the same circumstances, the fact that a cause of action such as that arising from the facts herein could have been brought in the Court of Claims even prior to the passage of the Federal Tort Claims Act as a suit on an implied contract does not bar the plaintiff from asserting his present right of action in this Court as an action of waste sounding in tort.”
Gilmartin required a criminal information to state its essential facts directly while permitting the government to cure the defect by amendment.
“[N]ecessary allegations cannot be left to inference”
Procedural preferences
Gilmartin declined a venue transfer that would merely send the case to a court lacking subject-matter jurisdiction.
“the ‘ends of justice’ would not be served by transferring this case to a court which would have no choice, but to dismiss the *84action, upon its own motion if necessary, for lack of jurisdiction over the subject matter.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Her petition for naturalization is hereby denied.”
The court entered judgment for an insurer because later-enacted imputed-negligence law did not expand liability under the earlier policy.
“the defendant is entitled to an order dismissing it.”
“the defendant is also entitled to an order granting that motion.”
“the defendant is entitled to an order dismissing it.”
“The defendant’s motion to dismiss-Count Two of the information herein for failure of that count to ‘state facts-sufficient to constitute an offense against the United States’ is denied.”
“The motion made by defendant United States to dismiss the amended complaint ‘on the grounds that the Court lacks jurisdiction for the reason that plaintiff’s claim arises in a foreign country’ is granted and the amended complaint is dismissed insofar as it purports to state a claim against the defendant United States.”
“The motion made by defendant Schnit-zer Steel to quash service is denied.”
“The following three motions made by defendants Schnitzer Steel and Island Equipment are denied:”
“Plaintiffs’ motion to require defendant Underwriters at Lloyds to comply with Government Code of Guam, § 43131, is denied.”
“Furthermore, defendants’ motion to dismiss the action herein, filed on December 27, 1960, is denied.”
“Defendants’ motion to dismiss the information herein, notice of which was filed on January 17, 1961, is granted, and the information and amended information herein are dismissed, provided, however, that the United States is given 10 days after the notice of this opinion and order to file an amended information.”
Caseload & timing
From public federal docket records for this judge.
No assigned electronic docket sample was available for a historical caseload description.
A historical record
Judge Gilmartin 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.