James Fleming Gordon
Judge Gordon no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gordon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Gordon allowed shareholder discovery into corporate legal communications where the corporation's privilege could not be used against its own owners.
“A corporate entity acts only for its stockholders, and they are entitled to see written communications and to inquire concerning oral communications between their corporation and its attorneys.”
Gordon rejected an administrative coverage restriction that conflicted with the broader statutory treatment of enlisted ROTC members.
“we find to be an arbitrary abuse of administrative discretion and erroneous.”
Procedural preferences
Gordon applied the constitutional actual-malice threshold at the pleading stage to a public official's libel allegations.
“the statements in issue cannot have been ‘made with the high degree of awareness of their probable falsity demanded by New York Times.’”
Gordon enforced the summary-judgment filing timetable and declined to accept evidentiary affidavits tendered only after the hearing.
“These affidavits should have been filed prior to the day of the hearing to be considered.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“we hold that L & K is entitled to recover the entire sum of $84,652.60”
“We remand for the Bankruptcy Court to conduct appropriate proceedings.”
“It is therefore, ordered, adjudged and decreed that said Objection filed by Franklin P. Hays herein to Plaintiff’s subpoena requiring him to produce documents and to testify concerning communications between Insurance Investors Trust Company and Franklin P. Hays and other members of his law firm be and the same is hereby overruled.”
“the motion of plaintiff be and the same is hereby overruled”
“the motion of defendant to dismiss the action be and the same is hereby sustained.”
“Plaintiff shall have and receive of the defendant the sum of $833.60, together with interest as provided by law.”
“The motion to vacate is overruled.”
“the motion of the defendant, BLF&E, for a summary judgment dismissing the complaint as amended be, and the same is hereby, sustained”
“there is no need or occasion to convene a three-judge court under 28 U.S.C. §§ 2282, 2284.”
“plaintiffs are not entitled to a preliminary injunction restraining the enforcement and operation of the Selective Service System in the State of Kentucky”
“the plaintiff Clay is not entitled to a preliminary injunction restraining his 'induction into the armed forces.”
“The plaintiff Clay is not entitled to a stay of his induction pending an appeal.”
“it is hereby ordered that summary judgment be entered for the defendant in the above-styled action.”
“the third party complaint of defendant Island Creek Coal Company against Margaret F. Kahlow be and the same is hereby dismissed without prejudice”
“Let Judgment be entered for the Defendant in accordance herewith.”
“the motion for summary judgment of the United States be and the same is hereby overruled”
“the motion for summary judgment of the plaintiffs, Archie W. Allison, Sr. and Mary Allison, be and the same is hereby sustained.”
“The complaint must therefore be dismissed.”
“The plaintiff is not entitled to recover of the defendant in this action.”
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions span constitutional, tax, bankruptcy, labor, civil-rights, insurance, media, and criminal-collateral matters. This publication-selected sample cannot support a career-wide caseload estimate.
A historical record
Judge Gordon 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.