David C. Norton
How Judge Norton rules, drawn from 5 signed orders. Every observation links to the order it came from.
How Judge Norton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Construes the at-will-employment public-policy exception very narrowly, declining to expand it and deferring to the legislature, granting summary judgment where no clear mandate of public policy is identified.
“For the reasons set forth above, defendant's motion for summary judgment is GRANTED.”
Procedural preferences
In defamation cases, resolves rhetorical-hyperbole protection as a matter of law at the pleading stage while reserving fact-bound First Amendment questions for summary judgment.
“Based on the foregoing reasons, the court GRANTS IN PART and DENIES IN PART the motion to dismiss.”
Cautions
Defers to existing Supreme Court precedent on novel election-structure challenges, dismissing claims foreclosed by controlling authority rather than extending new doctrine.
“For the reasons set forth above, the court GRANTS the motion to dismiss and dismisses this action in full.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, the court GRANTS defendants' partial motion for summary judgment and DENIES plaintiffs' motion to certify. Counts five and six of plaintiffs' amended complaint are therefore dismissed.”
“the court GRANTS defendants' partial motion for summary judgment and DENIES plaintiffs' motion to certify.”
“For the reasons set forth above, defendant's motion for summary judgment is GRANTED.”
After a weeklong bench trial in a First Amendment case, Norton struck down the City of Charleston's tour-guide licensing law, which required a written exam on a roughly 500-page manual and continuing education for paid tours in the historic district. He held that it failed intermediate scrutiny because the City had not seriously pursued less-restrictive alternatives and therefore was not narrowly tailored. This post-trial declaratory judgment shows that Norton will invalidate a speech-burdening licensing ordinance where the government has not tried less-restrictive means.
“Based on the foregoing reasons, the court GRANTS IN PART and DENIES IN PART the motion to dismiss.”
“For the reasons set forth above, the court GRANTS the motion to dismiss and dismisses this action in full.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 92 days (N = 9).
Norton's caseload includes federal civil-enforcement and False Claims Act matters, a substantial criminal docket, and a group of often faster-moving self-represented, habeas, immigration-mandamus, and procedural civil cases. The sampled matters also include interpleader and trademark litigation.
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