A. Graham Shirley II
How Judge Shirley decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He treats an ordinary construction loan -- even one refinanced, extended without immediate foreclosure, and later folded into restructuring talks -- as an arm's-length lender-borrower relationship, not a fiduciary one, absent facts showing the lender actually exercised the kind of domination and control that would justify imposing fiduciary duties.
“Ordinary borrower-lender transactions . . . are considered arm's length and do not typically give rise to fiduciary duties.”
On fraud claims he insists the complaint pin down exactly which statement was false and when it was made -- a plaintiff cannot rely on the court, or on the defendant, to infer the specific misrepresentation from a general narrative, and he will not credit reasonable reliance on a fact (like a company's legal existence) that a public state filing could have disproved with minimal diligence.
“The Court finds that this fails to meet the particularity requirements by not identifying the exact statement or statements that are alleged to be false and when the statement(s) was made.”
For emotional-distress claims he requires the pleading to actually describe what the alleged severe emotional distress consists of -- a bare assertion that the conduct 'did, in fact, cause severe emotional distress' is a legal conclusion, not a factual allegation, and will not survive dismissal.
“The Counterclaims only allege that 'the Cadieu Family's conduct did, in fact, cause severe emotional distress,' but do not provide specific details as to what that severe emotional distress entails.”
Procedural preferences
He routinely dismisses standalone 'claims' for punitive damages, constructive trust, and an accounting as pleading errors rather than merits losses -- these are remedies attached to an underlying cause of action, not independent claims, so dismissing them does not foreclose recovering the same relief later if a surviving claim succeeds.
“Punitive damages likewise are 'a remedy rather than a standalone cause of action.'”
He applies the same liberal notice-pleading standard to a motion to strike an affirmative defense as to a motion to dismiss a claim, and notes that such motions are disfavored and infrequently granted -- a defense need only give the opposing party fair notice of its basis, not survive a heightened test.
“Rule 12(f) motions are viewed with disfavor and are infrequently granted.”
When multiple plaintiffs plead claims collectively, he separates out which specific plaintiff was actually injured by which specific defendant's conduct before allowing a claim to proceed, rather than letting a group of affiliated entities share an undifferentiated theory of relief.
“The Court therefore analyzes the substantive claims based on the Plaintiff or Plaintiffs for whom the Complaint pleads a plausible right to relief.”
Cautions
He is skeptical of a civil-conspiracy theory pled against a company and the individuals who work for or represent it, absent facts showing one of them acted outside the ordinary agency relationship or had an independent personal stake -- the intracorporate-immunity doctrine is a real obstacle he will apply, not just an argument he notes and moves past.
“The conspiracy claim also fails because the pleaded relationship among Lynk, its members or agents, and the purported managers of Belmont Development implicates the intracorporate immunity doctrine, which holds that 'there can be no conspiracy between a corporation and its agents.'”
He will not let an unfair-and-deceptive-trade-practices claim recharacterize what is really an internal ownership or governance dispute within a single business venture as marketplace misconduct between separate participants -- the statute reaches interactions between market participants, not intra-company disagreements.
“Those allegations describe an internal ownership and governance dispute within a single business enterprise, not marketplace conduct between separate market participants.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the Court DENIES Plaintiffs' Motion and DENIES Third-Party Defendants' Motion with respect to the First Counterclaim of each Wiedner Defendant.”
“Accordingly, the Court DENIES Plaintiffs' Motion and DENIES Third-Party Defendants' Motion with respect to the Third Counterclaim of each Wiedner Defendant.”
“Accordingly, the Court DENIES Plaintiffs' Motion and DENIES Third-Party Defendants' Motion with respect to the Fourth Counterclaim of each Wiedner Defendant.”
“This filing, as a result, has allegedly prevented Wiedner Defendants from drawing funds from that credit facility and caused 'immediate and ongoing financial harm.' Accordingly, the Court DENIES Plaintiffs' Motion with respect to the Fifth Counterclaim of each Wiedner Defendant.”
“The Counterclaims only allege that 'the Cadieu Family's conduct did, in fact, cause severe emotional distress,' but do not provide specific details as to what that severe emotional distress entails. Accordingly, the Court GRANTS Plaintiffs' Motion with respect to the Sixth and Seventh Counterclaims of each Wiedner Defendant.”
“Because Wiedner Defendants purport to assert a claim for relief out of what is merely a remedy, the Court GRANTS Third-Party Defendants' Motion with respect to the Eighth Counterclaim of each Wiedner Defendant.”
“Rule 12(f) motions are viewed with disfavor and are infrequently granted. ... Accordingly, the Court DENIES Plaintiffs' Motion with respect to Defendants' First, Third, Fourth, and Fifth affirmative defenses.”
“Ordinary borrower-lender transactions . . . are considered arm's length and do not typically give rise to fiduciary duties. ... Accordingly, the Motion is GRANTED as to Plaintiffs' Third Claim for Relief for breach of fiduciary duty against Lynk, and that claim is DISMISSED with prejudice as to Lynk.”
“The Plaintiffs have failed to plead their allegations of fraud with the particularity required of Rule 9(b) and therefore the Court GRANTS the Motion as to the Fourth Claim for Relief against Lynk, and that claim is DISMISSED with prejudice as to Lynk.”
“The constructive fraud claim therefore fails for the same reason as the fiduciary-duty claim. Accordingly, the Motion is GRANTED as to Plaintiffs' Fifth Claim for Relief for constructive fraud against Lynk, and that claim is DISMISSED with prejudice as to Lynk.”
“Plaintiffs' allegations here are thin. ... Accordingly, the Motion is GRANTED as to Plaintiffs' Sixth Claim for Relief for civil conspiracy, and that claim is DISMISSED with prejudice against Lynk, Lyons, Toal-Brothers, and Brothers.”
“Those allegations describe an internal ownership and governance dispute within a single business enterprise, not marketplace conduct between separate market participants. ... Accordingly, the Motion is GRANTED as to Plaintiffs' Seventh Claim for Relief for unfair or deceptive trade practices, and that claim is DISMISSED with prejudice against Lynk, Lyons, Toal-Brothers, and Brothers.”
“Plaintiffs have not pleaded facts showing that Lynk, Lyons, Toal-Brothers, or Brothers received title to the Property or otherwise personally received a measurable benefit conferred by Plaintiffs. ... Accordingly, the Motion is GRANTED as to Plaintiffs' Eighth Claim for Relief for unjust enrichment, and that claim is DISMISSED with prejudice against Lynk, Lyons, Toal-Brothers, and Brothers.”
“A constructive trust is an equitable remedy, not an independent claim for relief. ... Punitive damages likewise are 'a remedy rather than a standalone cause of action.' ... Accordingly, the Motion is GRANTED as to Plaintiffs' Ninth Claim for Relief for constructive trust, Tenth Claim for Relief for punitive damages, and Eleventh Claim for Relief for an accounting and appointment of a referee, and those claims are DISMISSED with prejudice against the Lynk Defendants.”
Put Judge Shirley's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Shirley actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Shirley's own signed orders and cites them.