Luther Merritt Swygert
How Judge Swygert rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Swygert no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Swygert decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Swygert favored a liberal application of procedural savings statutes when a narrower reading would extinguish a timely claim merely because it crossed a state line.
“the only proper result would seem to be to hold that the Indiana Journey’s Account statute applies to the present case.”
Procedural preferences
He required compelling reasons and compliance with notice rules before allowing counsel to withdraw on the eve of trial.
“unless there exist most compelling reasons, counsel should not be allowed to withdraw their appearances under these circumstances”
Cautions
Once a worker's voluntary breach triggered contractual discharge rights, Swygert treated the employer's or union's alleged motive as immaterial absent inducement or waiver.
“the motives which prompted the defendants to act within their contractual and statutory rights are immaterial.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motion of Fred H. Thoms to withdraw his appearance as attorney for plaintiff is denied.”
“The verified supplemental motion of Philip M. Cagen to withdraw his appearance for plaintiff is denied.”
“The undisputed facts as submitted on the motion to dismiss and the applicable legal principles, as I view them, compel the granting of the motion.”
“It is Ordered, adjudged and decreed that the plaintiff recover from the defendant in the sum of $37,869.26, together with interest thereon at the rate •of six percent per annum from January 18, 1956, and costs of this action.”
“Accordingly, the motion for summary judgment should be denied.”
“Because of the aforesaid reasons, I feel impelled to deny the petitioner’s request for a temporary injunction.”
“The motion to dismiss of defendants Nolan, doing business as Nolan Stock Yards, and defendant Lepak is hereby denied.”
“I do not think either paragraph of complaint states a claim upon which relief can be granted. However, the order of dismissal shall provide that plaintiffs will be permitted to amend their complaint within a limited period of time.”
“It is unnecessary to consider this issue in determining to deny defendant’s motion.”
“the March 12th order should be vacated and a new order entered which modifies substantially the older order.”
“For that reason the motion to stay must be denied.”
“It is ordered that the defendants Local 7-210 of Oil, Chemical & Atomic Workers International Union, AFL-CIO, and A. F. Schilling produce”
“I am impelled to grant the defendants’ motion for summary judgment for the foregoing reasons.”
“For the foregoing reasons the defendants’ motion to dismiss is denied;”
“it is held that their actions in effecting a suppression of the magazine published by the plaintiff should be enjoined.”
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 Swygert 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.