William Walter Wilkins Jr.
How Judge Wilkins rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Wilkins no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Wilkins decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Wilkins read civil RICO's predicate-act language as written and declined to add a prior-conviction requirement Congress had not enacted.
“If Congress had intended to require a prior conviction it could have easily said so. The words ‘chargeable’ and ‘indictable’ simply do not mean convicted.”
He rejected supervisory liability where the record did not show that board members should have foreseen a dangerously inadequate training program.
“There is nothing before the Court from which it could conclude that movants should have foreseen that the AHA would develop a training program so grossly inadequate as to almost inevitably result in preventable death.”
Procedural preferences
Wilkins applied abstention where the cost and inconvenience of a pending state prosecution did not establish the extraordinary injury required for federal intervention.
“The cost, anxiety and inconvenience of defending a criminal prosecution in a city or state court simply does not satisfy this standard.”
He enforced the removal deadline from the point at which the defendant's knowledge made the asserted federal ground unambiguous.
“Therefore, at least at that point, the 30-day limitation period began to run and had expired prior to the filing of the removal petition in July, 1981.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, Plaintiff’s motion is denied and this action is dismissed without prejudice.”
“Accordingly, the Court grants Plaintiff’s motion for summary judgment as to the issues of whether the December 1978 loan transaction constituted or involved a security, whether SCN was a responsible participant of the overall transaction, and whether SCN breached any fiduciary duties owed Defendant.”
“Plaintiff’s other grounds and Defendant’s motion for summary judgment are accordingly denied.”
“The motion to dismiss is therefore denied.”
“During the trial, Torrington moved for a directed verdict at the close of Plaintiffs’ case and at the close of all evidence. The motions were denied.”
“The other grounds upon which Defendant seeks judgment n.o.v. or a new trial are without merit and are accordingly denied.”
“Further, Defendant’s motion for an order staying execution of the judgment pending disposition of Defendant’s motion for judgment n.o.v. or for a new trial is also dismissed.”
“There being an identity of Defendant and enterprises, summary judgment is granted as to the RICO claim of the complaint.”
“Upon a thorough review of the record, including the Magistrate’s Report and Petitioner’s exceptions, the transcript of the trial judge’s jury charge, and the applicable law, this Court rejects the Magistrate’s Report.”
“Petitioner’s application for a writ of habeas corpus is granted.”
“Therefore, in conclusion, summary judgment is entered in favor of the members of the Boards of the State Department of Social Services and the Anderson County Department of Social Services”
“Finding no merit to either motion, both are denied.”
“The motions are denied.”
“Consequently, Defendants' motion is denied.”
“Consequently, Defendants’ motion to dismiss for a lack of personal jurisdiction is denied.”
“Consequently, Defendants’ motion to dismiss the claims of Plaintiffs Harris and Galligan for improper venue is granted.”
“Consequently, Defendants’ Motion for Reconsideration is denied.”
“NOW, THEREFORE, IT IS ORDERED that this case be remanded to the Court of Common Pleas of Richland County, without costs.”
“The requirements of 18 U.S.C. § 3504(a)(1) having been met, IT IS ORDERED that Gaither Ben Thompson and Melton G. Macklen shall appear before the grand jury as directed.”
Caseload & timing
From public federal docket records for this judge.
No assigned cases were returned for the district tenure under five exact name variants. The available record therefore does not support claims about caseload mix, case duration, motion base rates, or ruling speed.
A historical record
Judge Wilkins 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.