Roger D. Foley
Judge Foley no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Foley decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Foley distinguished policy choices from alleged failures to follow objective safety standards under the Federal Tort Claims Act.
“Conduct of a government agency or employee is not immune from scrutiny as a ‘discretionary function’ simply because it involves an element of choice.”
He treated a minor insured's intent to harm as a fact question on the record before him.
“The issue of the girl’s intent, therefore, is for the fact-finder in the state court proceeding.”
He allowed representative contractor litigation when a subcontractor had not released the prime contractor from liability.
“a representative suit may proceed when the subcontractor has not released the prime contractor from liability for the government’s breaches of the prime contract.”
Procedural preferences
Foley enforced the FTCA administrative-claim deadline as a jurisdictional prerequisite.
“The requirement of filing a timely claim with the appropriate federal agency is jurisdictional in nature and must be satisfied before a suit under the FTCA may be maintained.”
He applied Rule 11 as an affirmative prefiling duty to investigate both facts and law.
“The new rule was designed to create an affirmative duty of investigation both as to law and as to fact before motions are filed.”
He remanded once the purported federal labor-law basis did not supply subject-matter jurisdiction.
“this court finds that it lacks subject matter jurisdiction over this dispute.”
Cautions
Foley enforced an adhesion contract where its limitation was clear, expected, and not unduly oppressive.
“An adhesion contract need not be unenforceable if it falls within the reasonable expectations of the weaker or ‘adhering’ party and is not unduly oppressive.”
A taxpayer lacked the protectable property interest needed for a Fifth Amendment challenge to an informal records request.
“Plaintiff, therefore, has failed to show sufficient proprietary interest to support a Fifth Amendment challenge of the summons requesting taxpayer’s employment records from his employer.”
Common-law fraud claims could not survive summary judgment without evidence that the market withdrawal was decided before franchise renewal.
“Unfortunately for the dealers’ position, there is not a shred of evidence supporting this theory.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Therefore, ARCO’s motion for summary judgment on the remaining claims against it is granted.”
“Shell Oil Company’s motion is granted in part and denied in part.”
“As to the claims of these 220 plaintiffs in these consolidated cases, the defendant's motion for summary judgment is denied”
“The Stardust’s motion to dismiss is DENIED.”
“the dispute is REMANDED to the Eighth Judicial District Court for the State of Nevada.”
“This court grants Reeco’s Motion for Summary Judgment against Interiors. (Doc. 168).”
“This court denies Interiors Counter-motion against Reeco. (Doc. 179).”
“This court denies Reeco’s Motion to Strike. (Doc. 180).”
“This court denies INA’s Motion for Summary Judgment. (Doc. 178)”
“This court grants Summary Judgment for Reeco, the nonmoving party, against INA.”
“This court grants Summary Judgment sua sponte for Reeco against SME.”
“Allstate’s motion for summary judgment (Doc. # 19) is DENIED.”
“The defendants’ motion for summary judgment (Doc. # 20) is GRANTED.”
“Pay to Plaintiff all attorneys’ fees, at the rate of $81.60 per hour, and legal costs incurred in and after the preparing and filing of the Plaintiff’s September 17, 1987 complaint.”
“as Rule 11 sanctions, which this court finds appropriate in pursuing the objective of preventing frivolous litigation.”
“Defendants’ motion to dismiss for lack of subject matter jurisdiction is granted.”
“It is hereby ORDERED that defendant’s Motion to Dismiss for failure to state a claim be granted for the foregoing reasons.”
“IT IS ORDERED that Briscoe’s Motion for Declaratory Judgment (doc. no. 1560) is GRANTED;”
“IT IS FURTHER ORDERED that the County’s Motion for Declaratory and Summary Judgment (doc. no. 1561) is DENIED.”
“IT IS HEREBY ORDERED that appellant Coblentz’ Motion to Reinstate the Appeal be Granted.”
“IT IS HEREBY ORDERED that the Stay of the Release of Monies held as Security for Judgment shall continue in effect pending the outcome of the appeal.”
“IT IS HEREBY ORDERED that Defendants’ Motion for Summary Judgment be GRANTED.”
“WHEREFORE, IT IS ORDERED that plaintiff’s application for a preliminary injunction is DENIED.”
Caseload & timing
From public federal docket records for this judge.
The 20 reviewed decisions cover varied litigation but do not establish the distribution of Foley's full caseload.
A historical record
Judge Foley 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.