William Daniel Murray
Judge Murray no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Murray decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When state law did not directly answer a diversity issue, Murray examined all available state-law sources rather than treating the gap as permission to create a federal rule.
“it is the duty of a federal court in a diversity case to ascertain from all available data what the state law is and apply it.”
He refused to enforce an insurance-policy technicality that neither caused the accident nor increased the insured risk.
“To deny the insured the coverage he had paid for where merely a technical breach occurred would be unfair.”
Murray left the weight of arguably weaker medical evidence to the jury and upheld a substantial verdict supported by that evidence.
“under the instruction, it was for the jury to determine whether the medical testimony offered was weaker and less satisfactory than other evidence within the power of the plaintiff to produce.”
Procedural preferences
An expert's later employment by a defendant did not shield knowledge and opinions the expert had developed beforehand.
“Rule 26(b)(4)(B) does not protect Hillberg from discovery of the knowledge, opinions and materials he held or prepared prior to this second term of employment by defendant.”
Individualized proof of fraud and reliance weighed against class treatment even where some representations were common.
“each class member’s claims ultimately depend upon individual circumstances. In such a situation, a class action is not warranted under Rule 23(b)(3).”
A limitations defense supported dismissal only for the defendant that raised it; another defendant's failure to plead the defense left the count pending.
“Count Three remains in the case, however, as against the two remaining defendants, since the dismissal as against Yamhill Lumber Company is based on a Statute of Limitations, which is a defense which may be waived.”
Cautions
A late, inadequate discovery response did not cure deliberate noncompliance with a court order and supported substantial sanctions.
“The late tender of answers to interrogatories, particularly in light of their inadequacy, can in no way excuse defendant’s contemptuous refusal to comply in a timely fashion with an order of this court.”
The discretionary-function exception barred tort claims based on federal safety inspections even if the inspectors abused their discretion.
“the statutory exception remains applicable even though such activity is an abuse of discretion.”
A party that did not support a dismissal ground in its brief risked having the omission treated as a concession.
“the failure to support this ground of the motions is deemed an admission by counsel that the motions on this ground are not well taken.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Now, therefore, it is ordered and this does order that said consolidated motion, in its entirety, be and the same hereby is denied, and the defendant is granted 20 days within which to further plead.”
“NOW, THEREFORE, IT IS ORDERED and this does order that said motion to amend the complaint be and the same is hereby granted, and the complaint is ordered amended as requested on pages 10 and 10% of plaintiff’s pretrial memorandum filed January 11, 1963.”
“Inasmuch as the record in this case establishes the defenses of lack of jurisdiction over the persons of defendants and insufficiency of service of process, the action must be dismissed, and it is so ordered.”
“the plaintiff’s motion for summary judgment is hereby denied”
“the interveners’ motion for summary judgment is hereby •granted on the issues presented by said motion.”
“Now, therefore, it is ordered and this does order that the said motions are and each of them is, hereby denied, and each of the defendants is granted 20 days within which to further plead.”
“For the foregoing reasons defendants’ alternative motion for judgment notwithstanding the verdict or for a new trial be and the same is hereby denied.”
“NOW, THEREFORE, IT IS ORDERED and this does order that defendant’s Motion for Summary Judgment be and the same is hereby granted, and judgment is entered for defendant.”
“Now, therefore, it is ordered and this does order that said motion to dismiss Count One of the plaintiff’s complaint be and the same is hereby denied. It is further ordered and this does order that said motion to dismiss Count Three of the plaintiff’s complaint be, and the same is hereby granted, and Count Three of said complaint is ordered dismissed as against the defendant Yam-hill Lumber Company.”
“Now, therefore, it is ordered and this does order that said motion to dismiss be and the same is hereby denied.”
“Therefore, it is ordered and this does order that the defendant’s motion for *883judgment on the pleadings be and the same is hereby granted, and each cause of action, and the complaint and the action is hereby ordered dismissed on the ground that neither the complaint nor any of its causes of action states a claim for relief under the provisions of 31 U.S.C., Section 231.”
“Therefore, it is ordered and this does order that the defendant’s motion to file a third party complaint be and the same is hereby denied.”
“It is therefore ordered and this does order that said cause of action is dismissed for lack of jurisdiction by reason of the plaintiff’s failure to exhaust the administrative remedies available to it.”
Caseload & timing
From public federal docket records for this judge.
The 25 reviewed decisions cover a broad civil and criminal sample, but they do not establish the distribution of Murray's full caseload.
A historical record
Judge Murray 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.