Calvin E. Murphy
Judge Murphy no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Murphy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He distinguishes the independence of letter-of-credit contracts from separate tort liability; the doctrine protecting independent payment obligations does not automatically bar fraud or conversion theories.
“nothing in the Speedway opinions shields a defendant from purely tort-based claims like those alleged by Plaintiff.”
He enforces standing as a threshold requirement and will dismiss without prejudice when the plaintiff is not the proper party to sue.
“Plaintiff does not have standing in this action to bring its claims against Defendants.”
Procedural preferences
He separates jurisdictional and merits pleading grounds rather than blending them, denying Rule 12(b)(1) while partially granting Rule 12(b)(6) in coordinated cases.
“the Court DENIES Defendants’ Motions to Dismiss pursuant to Rule 12(b)(1); GRANTS in part and DENIES in part Defendants’ Motions to Dismiss pursuant to Rule 12(b)(6).”
A dispositive ruling can eliminate collateral discovery disputes; after granting summary judgment he treated both sides' protective-order motions as moot.
“rendering Plaintiff and Defendants’ Motions for Protective Order moot.”
Cautions
A forum-selection argument fails when the operative employment agreement neither contains nor effectively incorporates a mandatory clause.
“the Employment Agreement does not contain a choice of forum provision limiting the location where Plaintiff may bring this action.”
Direct and derivative fiduciary theories require careful separation; an owner may preserve a direct claim even when derivative claims and related contract theories are dismissed.
“DENIES Defendants’ Motion to Dismiss with respect to Plaintiff’s direct claims for Breach of Fiduciary Duty.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court GRANTS Defendant’s Motion to Dismiss and hereby DISMISSES WITH PREJUDICE”
“the Court GRANTS the Motion and dismisses Plaintiff’s claim for constructive fraud against Defendant Jeffrey L. Bostic with prejudice.”
“the Court GRANTS the Motion and dismisses Plaintiff’s claim for constructive fraud against Defendant Jeffrey L. Bostic with prejudice.”
“the Court GRANTS the Motion and dismisses Plaintiff’s claim for constructive fraud against Defendant Jeffrey L. Bostic with prejudice.”
“the Court DENIES Defendants’ Motions to Dismiss pursuant to Rule 12(b)(1)”
“GRANTS in part and DENIES in part Defendants’ Motions to Dismiss pursuant to Rule 12(b)(6).”
“Defendant’s Motion for More Definite Statement is DENIED.”
“the Court DENIES Defendants’ Motions to Dismiss pursuant to Rule 12(b)(1)”
“GRANTS in part and DENIES in part Defendants’ Motions to Dismiss pursuant to Rule 12(b)(6).”
“Defendant’s Motion for More Definite Statement is DENIED.”
“Defendants’ motion to dismiss for lack of subject matter jurisdiction is GRANTED”
“The Court GRANTS Defendants’ Motion to Dismiss Plaintiff’s claims for Defendants’ breaches of fiduciary duty”
“all claims against NDTV in Plaintiffs’ Complaint are hereby DISMISSED with prejudice.”
“the Court GRANTS Motions I and II”
“The Court GRANTS Plaintiff’s Motion for Summary Judgment pursuant to Rule 56”
“rendering Plaintiff and Defendants’ Motions for Protective Order moot.”
A historical record
Judge Murphy 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.