James Carroll Fox
How Judge Fox rules, drawn from 30 signed orders. Every observation links to the order it came from.
Judge Fox no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Fox decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Stevens, Fox treated counsel's combined failures to investigate, prepare, and evaluate a viable defense as constitutionally ineffective representation that prejudiced the plea.
“counsel’s lack of investigation, lack of preparation and his failure to make an informed evaluation of a potentially viable defense, when taken together, amount to ineffective assistance of counsel.”
Procedural preferences
In Currie, Fox favored resolving the dispute on its merits when setting aside default, while shifting the expense caused by the defendant's neglect to that defendant.
“resolution of the litigation on the merits weighs in favor of setting aside the default heretofore entered.”
Cautions
In LaRoque, Fox treated compliance with the federal tort-claim filing deadline as a jurisdictional prerequisite that equitable authority could not extend.
“The court’s equitable powers do not permit it to confer upon itself jurisdiction contrary to that proscribed by Congress.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Chapman’s motion to remand will therefore be ALLOWED.”
“Latrobe’s Motion to Dismiss is ALLOWED and the complaint filed herein is DISMISSED in its entirety.”
“the respondents’ Motion for Summary Judgment is ALLOWED, and this action is DISMISSED.”
“It is hereby ORDERED, ADJUDGED AND DECREED that:”
“defendants' motion to dismiss, or alternatively, motion for summary judgment, is GRANTED as to all of plaintiff's claims”
“defendant’s motion for summary judgment is DENIED.”
“BB & T’s motion for summary judgment for the conversion of its security interest in Sories’ peanut crop (the same being valued at $22,-678.01), is herewith ALLOWED.”
“summary judgment was granted BB & T on its conversion claim and was granted Columbian on all remaining theories of recovery.”
“plaintiffs’ motion for attorney’s fees under the EAJA is ALLOWED.”
“Plaintiffs motion for an award of fees by this court for work at the administrative level is DENIED.”
“The reasonable value of the services rendered by plaintiff’s counsel properly taxable under the Equal Access to Justice Act is $2,405.00”
“To the extent plaintiffs counsel requests compensation for her time before this court, the motion is DENIED.”
“counsel’s request is also DENIED.”
“the defendants’ Motion to Dismiss Count One of plaintiffs Complaint for failure to state a claim is ALLOWED.”
“The Bankruptcy Court’s Order of July 31, 1987, therefore, is REVERSED.”
Caseload & timing
From public federal docket records for this judge.
The five sampled terminated matters included a wage case, a contract case, two prisoner civil-rights cases, and a forfeiture or condemnation case. Administrative closing data were available, but no electronic entry timelines existed for motion or timing analysis.
A historical record
Judge Fox 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.