Justin Colfax Morgan

United States District Court for the Western District of New York district Deceased · served 1956–1959 Appointed by Dwight D. Eisenhower (Republican) 18 signed orders read

Judge Morgan no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Morgan decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Morgan denied summary judgment where the prior litigation did not give the plaintiff a personal opportunity to litigate the present issue.

“The plaintiff ought to be given an opportunity to show that he is without ‘enemy taint’, regardless of how dim a view the Government takes of his prospects of doing so successfully.”

Procedural preferences

Morgan approached discovery cautiously when a request risked oppression and sought material for litigation elsewhere.

“It is appropriate for courts to be cautious in permitting discovery which might prove to be oppressive and all avenues ought to be explored in an effort to ■eliminate or minimize hardships.”

Morgan permitted cumulative maritime theories in one complaint rather than requiring separate counts for each route to recovery.

“Under the rule of liberal construction in the seaman’s favor, this was the Congressional intent.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Chautauqua v. Farm Bureau Mutual Fire Insurance
· 1956-05-17
Motions to strike (defendant) Granted

“It is hereby ordered that paragraph ‘Tenth’ of the plaintiff’s complaint be stricken from the plaintiff’s complaint.”

Armantrout v. Howard Sober, Inc.
· 1956-05-23
Motion for new trial (plaintiff) Denied

“The motion for a new trial is denied.”

Kelley v. Midland Steamship Line, Inc.
· 1956-10-03
Motion for separate statement of claims (defendant) Denied

“The motion is denied.”

In re Smith
· 1956-10-16
Motion to discharge judgment debt (bankrupt) Denied

“Motion denied. Order may be entered.”

Ulrich v. Stead
· 1956-10-31
Motions to dismiss (defendant) Granted

“The motion to dismiss for lack of venue must be granted.”

Johnston v. Manufacturers & Traders Trust Co.
· 1956-11-09
Motion for protective order (plaintiffs) Granted in part

“The depositions as noticed may be taken upon condition that the reasonable expenses of one attorney for plaintiffs be charged against the trust estate”

United States v. 21,250 Acres of Land
· 1957-01-11
Motion to vacate order of taking (Seneca Nation) Denied

“The motion made on behalf of the Seneca Nation of Indians to vacate and set aside the order for delivery of possession hereto and signed the 3rd day of January, 1957, is denied”

Application for order of taking (United States) Granted

“the taking, for the purposes indicated in the complaint, is granted to the petitioner upon the filing of this decision.”

Nottis v. Pozoor
· 1957-02-05
Motions to dismiss (United States) Granted

“The motion of the defendant United States of America, for judgment dismissing the complaint, is granted.”

Motions to dismiss (Joseph Pozoor Jr.) Denied

“The motion of the defendant Joseph Pozoor, Jr., to dismiss the complaint as to him, is denied.”

Niagara of Buffalo, Inc. v. Niagara Manufacturing & Distributing Corp.
· 1958-03-24
Motions to dismiss (defendant) Granted

“Motion by defendant to dismiss each count of the complaint for failure to state facts sufficient to constitute a cause of action and for failure to state a claim upon which relief can be granted, is granted.”

Murray v. Tomlinson Fleet Corp.
· 1958-03-26
Motion for judgment notwithstanding verdict (defendant) Denied

“Motion for judgment n. o. v. is denied.”

Motion for new trial or remittitur (defendant) Granted in part

“Motion for new trial, on the grounds of excessiveness of verdict, is granted unless plaintiff agrees to accept a verdict of $12,500.”

In re Garcia
· 1958-04-15
Petition for writ of habeas corpus (petitioner) Denied

“petitioner’s application must be, and is, denied.”

Kind v. Rogers
· 1958-04-23
Summary judgment (defendant) Denied

“Therefore, the motion for summary judgment is denied.”

Caseload & timing

From public federal docket records for this judge.

No electronic docket sample was available for a historical caseload description.

A historical record

Judge Morgan 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.