Richard L. Merrick
How Judge Merrick rules, drawn from 21 signed orders. Every observation links to the order it came from.
Judge Merrick no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Merrick decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Installment treatment had to compensate a secured creditor for the time value of delayed payment.
“present value is the amount which is to be paid for present payment, and future value is the amount which is to be paid for future payment.”
Procedural preferences
A long-known claim could not be added after years of delay when amendment would burden both the opposing party and the administration of the case.
“The additional delays and expense which would be incurred by Universal if the proposed counterclaim were permitted to be filed would be a sufficient prejudice to Universal to cause the motion to be denied”
Cautions
Oral notice to one partner bound the partnership where the agreement did not require written notice.
“It is a well-established axiom of partnership law that notice to one partner constitutes notice to the partnership.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The petition will be denied as presented, but the Court will approve installment payments in equal monthly installments over 48 months”
“the $1,050 awarded as attorney’s fees does constitute alimony within the meaning of § 523(a)(5) and is non-dischargeable.”
“Thus it does not constitute ‘alimony’ within the meaning of § 523(a)(5) and is dischargeable.”
“The obligation to continue making payments of $100 per week is not discharged.”
“the defendant, Richard Amano, is entitled to possession of the premises in question”
“the plaintiff’s request for damages is denied.”
The court ordered disputed commissions held pending notice to a potentially senior assignee rather than finally deciding turnover.
The opinion upheld the racing regulator's licensing rationale but did not expressly dispose of the requested contempt sanction.
“Pritchett’s motion to dismiss the Department’s complaint should be and hereby is DENIED.”
“the time within which VISA/BankAmericard had to file a proof of claim expired February 28, 1980 and that the Bankruptcy Rule 13-302(e)(2) does not authorize the time to be extended for conventional commercial creditors.”
“The complaints will be dismissed with prejudice toward refiling during such time as the plans are pending”
“IT IS ORDERED THAT the motion for leave to file a counterclaim is denied.”
“Matz and Car-mel are authorized to represent the present trustee, Coar, in the instant adversary proceeding”
“The claim for common area work is dismissed without prejudice as to all parties defendant named in Argonne’s cross-claim.”
The court imposed contempt fines after a creditor and its counsel pursued parallel replevin litigation over property under the court's control.
A historical record
Judge Merrick 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.