John Davis Larkins Jr.
How Judge Larkins rules, drawn from 30 signed orders. Every observation links to the order it came from.
Judge Larkins no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Larkins decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Standard Tankers, Larkins emphasized the narrow statutory grounds for disturbing an arbitration award and the federal policy favoring maritime arbitration.
“the policy embodied in the Federal Arbitration Act: to encourage arbitration of disputes arising in maritime practice and to eliminate extended court proceedings.”
Procedural preferences
In Sadler, Larkins deferred a stay request when the plaintiff represented that the duplicative state action would be voluntarily dismissed if federal jurisdiction existed.
“the court will hold the motion to stay in abeyance pending further action in this regard by the plaintiff.”
Cautions
In Pacific Indemnity, Larkins enforced the duty to prosecute even after earlier allowing the plaintiff additional time to prepare the case.
“To leave this case open would be to foster a charade, and to unfairly inconvenience and harass the defendant.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the petition be, and the same is hereby denied.”
“the Motion for a More Definite Statement be and the same is hereby, denied;”
“the Motion to Dismiss be and the same is hereby, denied.”
“Defendant’s Motion should be allowed.”
Larkins declined to substitute judicial judgment for university academic discretion after finding no bad faith or arbitrary action.
“the Defendant’s motion to dismiss be, and the same is hereby, allowed.”
“defendant’s motion to dismiss be, and the same is, hereby allowed”
“all of the defendants’ motions to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure be, and the same are, hereby allowed”
“the requests for costs and attorneys fees of defendants, Mr. and Mrs. Stanley Earney, H. H. Green, and Earnest Huff, be, and the same are, denied.”
“defendant’s Motion to Dismiss be, and the same is, hereby granted”
“plaintiff’s motion for summary judgment be denied”
“defendants’ motion for summary judgment be allowed.”
“the petitioner’s motion pursuant to 28 U.S.C. § 2255 be, and the same is, granted”
“the federal defendant’s Motion to Modify the Preliminary Injunction be, and the same is hereby allowed”
“the Order of the Bankruptcy Judge dated August 7, 1972 be, and the same is hereby Suspended.”
Caseload & timing
From public federal docket records for this judge.
The five sampled terminated cases included four prisoner civil-rights matters and one habeas matter, but no electronic entry timelines were available for motion or timing analysis.
A historical record
Judge Larkins 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.