James Harry Michael Jr.
How Judge Michael rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Michael no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Michael decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Michael allowed prospective class members to rescind a timely opt-out when their later communication clearly and unequivocally expressed a desire to participate.
“those wishes are clear and unequivocal, then that party should be able to rescind any prior contrary communication to the Court asking to be excluded from the class.”
Procedural preferences
Michael transferred an improperly venued case to the permissible forum that best served witness and party convenience.
“the convenience of the parties and witnesses dictates that this action should continue in the Eastern District of Virginia.”
Cautions
Michael required more than speculation before ordering disclosure of confidential informants in a criminal case.
“Because here the defendant offers nothing more than speculation as to the degrees of the confidential informants’ roles, if any, in the crimes charged against him, the court will deny the motion.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The plaintiffs objections, filed May 8, 2000, shall be, and they hereby are, OVERRULED;”
“The plaintiffs Petition for Attorney’s Fees, filed January 21, 2000, shall be, and it hereby is, GRANTED;”
“The defendant’s January 21, 2000 Motion to Dismiss for Failure to State a Claim shall be, and hereby is, DENIED.”
“The defendant’s January 21, 2000 Motion for Summary Judgment shall be, and hereby is, GRANTED as to all three counts of the plaintiffs’ complaint.”
“As a result, the court must grant the respondent’s motion for summary judgment and dismiss this action.”
“For the foregoing reasons, the Magistrate Judge’s Report and Recommendation shall be adopted as modified and the action shall be transferred to the District Court for the Eastern District of Virginia, Alexandria Division.”
“The defendant’s August 11, 1999 objection to the Report and Recommendation of the United States Magistrate Judge is OVERRULED.”
“this Court is of the opinion that the Auodouns have, as a matter of law, satisfactorily repudiated their withdrawal from class membership and shall be regarded as members of the plaintiffs’ class for the purposes of this litigation.”
“For the reasons stated herein, plaintiff’s motion to vacate reference to the magistrate judge is denied.”
“The motion of the Federal Home Loan Bank Board filed pursuant to 12 U.S.C. § 1464(d)(8)(A) to enforce its administrative cease and desist order dated July 31,1985, shall be, and it hereby is, granted.”
“The Defendant’s Motion for Partial Summary Judgment Based Upon the Plaintiff’s Lack of a Cause of Action is GRANTED. Accordingly, Count I of the Plaintiff’s Complaint shall be, and it hereby is, dismissed with prejudice;”
“The Defendant’s Motion in Limine regarding certain exhibits of the Plaintiff is OVERRULED.”
“The Plaintiff’s Motion to Preclude the Defendants’ use of experts is OVERRULED.”
“that the Defendant’s Motion for Partial Summary Judgment Based Upon the Decedent’s Wrongful Act shall be, and it hereby is, GRANTED.”
“Consequently, the Defendants’ Motion for Partial Summary Judgment Based Upon Immunity shall be, and it hereby is, OVERRULED.”
“For the reasons stated above, the decision of the bankruptcy court converting the appellant’s Chapter 11 case into a Chapter 7 case will be affirmed.”
“that Tyson’s May 6, 1994 objection to the April 16, 25, and 28, 1994 nondispositive orders of the Magistrate Judge shall be, and it hereby is, overruled.”
“For the reasons stated, the decision of the Bankruptcy court will be AFFIRMED.”
Caseload & timing
From public federal docket records for this judge.
The fixed historical sample includes property-damage, bankruptcy-appeal, tax, contract, environmental, medical-malpractice, and product-liability matters; two matters lack a retained nature-of-suit label. It is not representative of Michael’s full tenure.
A historical record
Judge Michael 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.