William Mershon Lanning
How Judge Lanning rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Lanning no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lanning decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A bankruptcy receiver appointment required concrete facts showing absolute necessity to preserve the estate.
“the appointment is to be made only where absolute necessity for the preservation of the bankrupt’s estate requires it.”
A patent injunction remained available for future infringement even when the marking record might limit a damages claim.
“no notice is necessary, where the object is merely to secure an injunction to restrain the defendant from future infringement.”
Procedural preferences
A criminal indictment had to state the alleged packaging violation with enough certainty to identify the government's theory.
“the particular violation of the law in that respect should be averred with reasonable certainty.”
Bankruptcy referees could issue short temporary stays but not final injunctions without the judge's order.
“Under these rules, a referee has no power to Issue an injunction.”
Cautions
Fraud sufficient to reopen a discharge had to be supported by pleaded facts rather than inference alone.
“Fraud cannot be presumed. Facts must be averred which tend to prove it.”
Transfers to a closely controlled corporation were scrutinized where ownership, capitalization, and the debtor's continued control indicated a device to shield assets from creditors.
“The corporation was intended to operate as a cloak to shield the property from seizure by the bankrupt’s creditors.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“An order may be presented to me vacating and setting aside the restraining order of March 4, 1907.”
“The motion to vacate the writ is denied.”
“The referee’s orders of September 20 and 27, 1907, directing the receiver to seize the property in possession of the company, were amply sustained by the proofs, and will be confirmed.”
“The order of February 13, 1908, will also be confirmed.”
“The present motion to vacate or modify the writ will be denied.”
“An order will be signed denying the motion of the bankrupts.”
“I am satisfied that the petition is defective, and that it must be dismissed.”
“Having concluded that the petition sets forth no cause of illegal confinement, I denied the writ.”
“The petition for review will therefore be dismissed.”
“The rule to show cause must therefore be discharged.”
“The demurrers must be overruled, and the defendants required to plead.”
“It follows that the referee's order must be set aside and the petition on which it was made be dismissed.”
“For this reason the indictment is too uncertain and indefinite. The demurrer must therefore be sustained.”
“Following the doctrine of these authorities, the order now applied for will be granted.”
Caseload & timing
From public federal docket records for this judge.
Lanning's reported district decisions include bankruptcy, criminal pleading, habeas, contempt, injunction, admiralty, patent, and receivership matters. No electronic records are available to quantify his caseload.
A historical record
Judge Lanning 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.