John Bailey Jones
Judge Jones no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Jones decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Jones treated a temporary worker as employed by both the staffing agency and the special employer receiving the work.
“The Court finds that under South Dakota’s Workmen’s Compensation statutes, an employee of a temporary employment agency is employed by both the agency and the special employer to which she has been assigned.”
He required proof of market power as a threshold for a vertical territorial-restraint claim.
“Therefore, the Court holds that a plaintiff challenging a vertical territorial restriction must show, at the threshold, the absence of substantial competition in the relevant product market through the possession by defendant of a dominant market share.”
Procedural preferences
A technical service defect could be cured when defendants had received proper papers and identified no material prejudice.
“The subsequent personal service of defective summonses created a technical defect which may properly be corrected because defendants have failed to allege any material prejudice to their substantial rights that would be caused by allowing such amendment.”
A return-of-property request was premature while a grand jury investigation remained underway.
“In view of the foregoing, it is the Court’s view that defendants’ motion is premature.”
Cautions
Unasserted corporate claims could not be pursued indefinitely after the statutory winding-up period.
“Allowing pursuit of corporate claims which are merely embryonic beyond the winding up period would expand the corporate survival statute beyond its terms and would interfere with its purpose of requiring the prompt and orderly winding up and finalization of corporate affairs.”
An isolated disclosure did not establish the policy or practice required for municipal liability.
“However, there is no showing in the record that this was anything other than an isolated incident, not a policy or practice of the school board.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“That defendants’ Motion to Dismiss or to Quash will be denied.”
“That petitioner’s request for costs incurred in state courts in the amount of $8,060.08 is denied.”
“IT IS ORDERED that defendants’ Motion to Suppress Evidence and for Return of Property is denied, but without prejudice to be renewed in a manner consistent with this opinion.”
“That the above-entitled action be and hereby is dismissed with prejudice.”
“IT IS ORDERED that plaintiff’s complaint be and hereby is dismissed for failure to state a claim.”
“That the decision of the Bankruptcy Court denying the U.S. Trustee’s Motion for Order Directing Payment of Quarterly Fees, filed on July 23, 1987, is reversed.”
“That the defendant's Motion for Summary Judgment is granted.”
“Defendant’s motion to dismiss must be granted.”
“The plaintiff’s Motion for Summary Judgment is denied”
“the defendant’s Motion for Summary Judgment is granted.”
“That the Bankruptcy Court Order Confirming Plan and Discharge of Debtors, dated August 19, 1986, entered in the case of In re Nathanael John Schultz and Delores Lovella Schultz, is reversed.”
“The decision of the Bankruptcy Court is affirmed.”
“That the Secretary’s motion for remand is hereby granted;”
“I further find that claimant is entitled to an award of immediate interim benefits on remand due to the Secretary’s unreasonable delay of this appeal.”
Caseload & timing
From public federal docket records for this judge.
The publication-selected decisions do not establish the distribution of Jones’s full caseload.
A historical record
Judge Jones 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.