John S. Kaull
Judge Kaull no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kaull decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When a party relies on advice of counsel, the judge treated fairness as requiring disclosure of the facts, communications, research, and work product bearing on that advice, while ending the waiver when the underlying suit was filed so later trial strategy remained protected.
“the waiver created by assertion of the advice of counsel defense includes work product of the Daniels Law Firm, whether opinion or fact, whether the same was communicated to Swiger or was only considered in the process of forming any opinion”
In a wage-and-hour indemnity dispute, the judge would not allow state-law contribution or indemnification theories to transfer an employer's federal statutory duty to pay wages.
“This court cannot and will not engraft an indemnity clause on the FLSA where there is none.”
In a Social Security appeal involving obesity, the judge required an actual prescribed treatment and clear evidence that following it would restore the ability to work before noncompliance could support denial of benefits.
“A treating source's statement that an individual 'should' lose weight or has 'been advised' to get more exercise is not prescribed treatment.”
Procedural preferences
The judge expected lawyers to comply with filing deadlines and page limits, and he enforced those rules even when the challenged filing did not affect the merits analysis.
“The Court is a strong believer that the rules of the Court exist to create order out of chaos. Therefore, it is imperative that those rules be followed.”
For protective orders, the judge required concrete facts and articulated reasoning rather than generalized privacy or burden claims.
“the undersigned finds that from a totality of the facts and presentations before the Court, Small has presented specific facts and articulated reasoning establishing good cause for the Court to enter a protective order”
On collateral review, the judge applied the retroactivity framework strictly and did not treat Booker as a watershed procedural rule for convictions already final before that decision.
“this Court holds that Booker does not apply retroactively”
Cautions
Consent to a search or entry had to be affirmative under the totality of the circumstances; passive acquiescence to an officer's assumed authority was not enough.
“Magistrate Judge Kaull found that Officer Ammons 'held a preconceived view that he would escort [Harvey] into the house even though he did not express that to Defendant at any time before entry.'”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The plaintiffs motion for Summary Judgment (Docket No. 16) is GRANTED-IN-PART”
“The defendant's motion for Summary Judgment (Docket No. 10) is DENIED”
“the Court DENIES Daniel's motion to vacate, set aside or correct her sentence (crim.dkt. 76) and DISMISSES her petition WITH PREJUDICE”
“the United States Government, acting on behalf of the Government of Canada, has provided 'evidence sufficient to sustain the charge[s] [against Coleman]'”
“Defendants/Third Party Plaintiffs' Motion For Summary Judgment [DE 82] is DENIED IN PART AND GRANTED IN PART AS FOLLOWS”
“Third-Party Defendants Samuel Oliverio And Cheryl Jean Oliverio's Motion For Summary Judgment [DE 83] is GRANTED”
“G & S Tobacco Dealers, LLC and Cindy Woodward's Motion To Strike Oliverios' Reply To Response To Motion For Summary Judgment [DE 88] is GRANTED”
“Plaintiffs' Motion To Compel [DE 34] is Granted In Part and Denied In Part”
“Defendant Swiger's Motion To Quash [DE 31] is Denied In Part and Granted In Part”
“The Defendant's Motion For Summary Judgment (Docket No. 14) is DENIED”
“The Plaintiffs Motion For Summary Judgment (Docket No. 11) is GRANTED, in part”
“the undersigned accordingly recommends Defendant's Motion to Suppress [Docket Entry 17] be DENIED”
“Small's Objection and Motion to Strike Defendant State Farm's Response In Opposition To Plaintiffs Motion For Protective Order [DE 282] is DENIED”
“Small's Motion to strike Nationwide's Objections To Small's Proposed Protective Order [DE 109] is DENIED AS MOOT”
“Plaintiffs Motion To Strike Reply of Nationwide [DE 118] is DENIED AS MOOT”
“State Farm's Objection and Motion For Protective Order [DE 307] is GRANTED and the subpoena duces tecum and notice of 30(b)(6) deposition are QUASHED”
“Nationwide's Objection and Motion For Protective Order [DE 311] is GRANTED and the subpoena duces tecum and notice of 30(b)(6) deposition are QUASHED”
“the undersigned finds that from a totality of the facts and presentations before the Court, Small has presented specific facts and articulated reasoning establishing good cause for the Court to enter a protective order”
“the Respondent's Motion to Dismiss and Motion for Summary Judgment be, and the same hereby are, GRANTED”
“Petitioner's Section 2254 petition be, and the same hereby is, DENIED and DISMISSED WITH PREJUDICE”
“the Petitioner's request for an investigator shall be, and the same hereby is, DENIED as moot”
“Respondent's Motion for Summary Judgment (docket # 25) be, and the same hereby is, GRANTED”
“Stoney Ault's Petition in this matter be, and the same hereby is, DENIED, DISMISSED WITH PREJUDICE and STRICKEN from the docket of this Court”
“I accordingly recommend the Defendant's Motion for Summary Judgment [Docket Entry 12] be GRANTED”
“Plaintiffs Motion for Judgment on the Pleadings [Docket Entry 9] be DENIED”
“DENIED the first motion to suppress (dkt. no. 20)”
“GRANTED the second motion to suppress (dkt. no. 21), and SUPPRESSED the firearm”
Caseload & timing
From public federal docket records for this judge.
A 20-docket historical enumeration from Kaull's active tenure included eight wage-and-hour matters, three employment cases, and individual tax, habeas, and labor matters, along with miscellaneous proceedings. The motion sample below is a historical slice rather than a complete account of his docket.
A historical record
Judge Kaull 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.