Fred Louis Wham
How Judge Wham rules, drawn from 21 signed orders. Every observation links to the order it came from.
Judge Wham no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Wham decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Wham declined to require additional detail in a complaint that met the governing pleading rule, pointing the requesting party toward discovery and other procedural tools for particulars.
“As I read the Rules of Civil Procedure, the complaint conforms to their requirements. Other methods are provided by the rules for obtaining additional particulars”
At the pleading stage, Wham allowed reasonable inferences to supply details that the complaint did not state word for word when the allegations still gave fair notice of the claim.
“I am not inclined to agree with counsel for defendants that the complaint, tested by the requirements of the Federal Rules of Civil Procedure must fully spell out by definite verbiage each element of a willful and wanton injury if the missing element or elements naturally follow or may reasonably be inferred from the facts that are alleged in the complaint.”
Cautions
Wham dismissed a private statutory suit where the enactment created both the asserted right and an exclusive administrative remedy that the plaintiffs could not replace with a district-court injunction action.
“where a statute gives a new right and declares the remedy, any one seeking or relying on the right so given is confined for his remedy to that which is prescribed in the statute.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants’ motion to dismiss plaintiffs’ bill, as amended, for want of jurisdiction in the court to entertain the suit as brought and for want of proper parties plaintiff, is sustained, and said bill, as amended, is hereby dismissed.”
“Plaintiff’s motion, wbicb will be taken as a motion to remand cause to the state court, is hereby allowed.”
“The motion of the defendant Home Owners’ Loan Corporation to dismiss must be and is hereby sustained.”
“Defendant’s motion will be and is hereby denied.”
“The motion to strike the answer and paragraphs 5, 7, 14, 22 and 23 thereof will be denied.”
“The motion to strike affirmative defense No. 1 is sustained.”
“Motion to strike affirmative defense No. 2 is denied.”
“Affirmative defense No. 3 may be stricken.”
“The motion to strike counterclaim No. 1 will be and is hereby denied.”
“The motion to make more definite and certain will be denied.”
“The motion to strike is denied.”
“Plaintiffs’ motion for judgment which is coupled with their motion to strike must fall with their motion to strike.”
“Defendants’ motion to dismiss the amended complaint is denied”
“I am of opinion that a new trial should be granted and that the new trial should be limited to the issue of the amount of the damages the plaintiff is entitled to recover. It is so ordered.”
“The court, over opposition of counsel for plaintiff, allowed the petition and deferred entry of interlocutory decree pending the rehearing.”
“Taking all the facts together, I am of opinion that the motion for summary judgment should be and it is hereby allowed.”
“Defendant’s motion to set aside the verdict and enter judgment for the defendant will be denied.”
“Defendant’s motion for a new trial must also be denied.”
“The very inadequate petition of the petitioning creditors for the appointment of a receiver was not accompanied by any tender of a petitioning creditors’ bond and is, therefore, denied.”
“The motion of the City of Flora to strike certain portions of the complaint and the motion of the other defendants to dismiss will be and each is hereby denied.”
A historical record
Judge Wham 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.