James Alger Fee
How Judge Fee rules, drawn from 22 signed orders. Every observation links to the order it came from.
Judge Fee no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Fee decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A concrete, severable dispute and a practical need to settle the parties' rights supported retaining a declaratory action despite the court's caution about federal jurisdiction.
“The positions of the two parties are adverse.”
When critical records were under one party's control and disappeared, the court treated a finding in the opponent's favor as an appropriate discovery remedy.
“The records demanded were all under defendant’s control. The intention of defendant could only be shown thereby.”
Procedural preferences
The court required requests for special service of process to identify the individual to be appointed and explain that person's qualifications.
“it is proper for the attorney desiring service to be so made to file a motion for designation of a particular individual, setting forth his qualifications”
Recorded pretrial admissions were treated as binding because effective pretrial procedure depends on the court's ability to rely on counsel's representations.
“If the court cannot rely upon the admissions of counsel made in pretrial conferences, then that procedure has no validity.”
Cautions
A stipulated judgment still required an actual controversy and an adequate factual foundation, especially where the result could affect interests beyond the named parties.
“the court has jurisdiction to refuse to enter judgment upon a stipulation which does not set out facts.”
Military service did not automatically stay a civil case; the court looked for concrete prejudice and retained authority to halt proceedings if that prejudice later appeared.
“The court can under the statute halt the case at any time whenever manifest injury to the soldier appears.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Clerk will pay to claimant $574.78 and to the Treasury of the United States for the fund $1300.00.”
“The Court denies the claim of the steamship company altogether, since there is no authority in law for such recompense.”
“The claim of the United States must be allowed because no other solution squares with this axiom of bankruptcy law.”
“The present petition containa no new ground nor contention and, therelore, even if properly filed it would be denied.”
“The present application is therefore denied.”
“the court grants the motion and enters the default.”
“The petition is granted.”
“Since service of process on persons within the boundaries of this state is sought in the instant proceeding, the court has no power to cut short the time for answer.”
“The order will be that the ‘first cause of action’ contained in the second amended complaint is dismissed for lack of jurisdiction as to United States .of America and Interstate Commerce Commission. This claim is dismissed as to Southern Pacific Company because by the election of plaintiff to bring proceedings before the Interstate Commerce Commission, the order of that body was final and the claim cannot be re-litigated before this court.”
“The motion to dismiss is overruled.”
“The court overrules the motion to postpone further proceedings for the duration of the emergency.”
“Therefore, the plaintiff was entitled to judgment or a finding that the intention of defendant as to the grain contained in each car was as plaintiff alleged.”
Caseload & timing
From public federal docket records for this judge.
Fee's reported District of Oregon decisions include bankruptcy, removal, interpleader, condemnation, railroad-rate, labor, maritime, and criminal matters. No electronic records are available to quantify his caseload.
A historical record
Judge Fee 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.