Frederic N. Smalkin
How Judge Smalkin rules, drawn from 21 signed orders. Every observation links to the order it came from.
Judge Smalkin no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Smalkin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Henderson, Smalkin treated an unreasonable and prejudicial delay as a viable Title VII laches defense.
“Laches is a defense that can be raised in a Title VII case where there has been an unreasonable delay on the part of a private plaintiff and its undue prejudice to the defendant.”
In Wiedenhoeft, he gave substantial weight to the public interest in protecting highly classified information when assessing emergency relief.
“the intense public interest in safeguarding such information usually far outweighs an individual’s right to access to it, even when that access is critical to the individual’s employment.”
In Dunn, he remanded supplemental state claims after the sole federal claim was barred by Eleventh Amendment immunity.
“state-law based claims supplemental thereto must be remanded, rather than dismissed, after an Eleventh Amendment dismissal of the only ‘federal’ claim in suit.”
Procedural preferences
In Canavan, Smalkin found a bill of particulars unnecessary when the indictment and ordinary criminal discovery gave adequate notice.
“the indictment adequately apprises the defendant of the charges against him so that he can prepare a defense”
In Larson, he declined to revisit a state arbitration panel chair’s supported good-cause determination.
“This Court will not second-guess the panel chairman’s determination of good cause.”
In Miller, he enforced bankruptcy-estate standing before reaching class certification.
“the trustee alone has standing to bring that claim.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“dismissing plaintiffs ADEA claim, and remanding his remaining claims to the Circuit Court of Maryland for Baltimore County.”
“That the section 2255 motion of the defendant, construed as such and also construed as a petition for relief under 28 U.S.C. section 2241 BE, and it hereby IS, summarily DENIED and DISMISSED pursuant to Rule 4(b), Rules Governing Section 2255 Cases;”
“The Motion for Bill of Particulars is summarily denied,”
“The Motion to Dismiss the Indictment is also summarily denied.”
“That the petition for writ of audita querela filed herein BE, and the same hereby IS, DENIED;”
“That this case BE, and it hereby IS, SUMMARILY DISMISSED, as legally frivolous, pursuant to 28 U.S.C. § 1915A(b)(l);”
“the defendants’ motion to dismiss is granted as to Count I of the amended complaint, all defendants, except Anne Arundel County Board of Education, are dismissed, and all claims for punitive damages are also dismissed.”
“this case BE, and the same hereby IS, TRANSFERRED to the United States Court of Appeals for the Fourth Circuit, pursuant to 28 U.S.C. § 1631;”
“the defendant United States’ motion to dismiss is hereby GRANTED, and the complaint is dismissed as against it and against Attorney General Janet Reno for lack of federal subject-matter jurisdiction, Fed.R.Civ.P. 12(b)(1) and for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6).”
“That the cross-motions filed by the parties for summary judgment BE, and they hereby ARE, MOOTED;”
“granting the defendant’s motion for summary judgment, denying the plaintiffs cross-motion, and denying the plaintiffs motion to certify a question of law to the Court of Appeals of Maryland.”
“the defendant’s motion to dismiss is hereby denied”
“this Court hereby denies the Petition for Warrant in Lieu of Writ of Habe-as Corpus.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 365.5 days (N = 10).
A fixed-seed sample of ten terminated historical cases included four without a retained nature-of-suit label and one each involving motor-vehicle personal injury, other personal liability, disability-benefits review, other contract, securities, and labor-management relations. None retained a motion-entry timeline.
A historical record
Judge Smalkin 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.