Benjamin Franklin Moore
Judge Moore no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Moore decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Moore read wage-and-hour coverage broadly and treated exemptions as provisions to be construed narrowly.
“The Fair Labor Standards Act is remedial in its nature and should be liberally construed, and the exceptions to the coverage of the Act should be narrowly construed”
Moore rejected a wartime criminal regulation when the charged conduct exceeded the authority Congress had delegated to the executive branch.
“Congress and not the Executive is the source of the power”
Procedural preferences
Moore allowed equitable tax relief when the complaint alleged exceptional circumstances and no adequate legal remedy.
“The complaint in this case alleges facts bringing plaintiffs’ action within the scope of recognized equitable jurisdiction.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Mrs. W. W. Hughes will be paid $363 of the $1,650 now held in the registry of the court. The remaining $1,287 will be paid to R. H. Hughes.”
“For the foregoing reasons, the motion to dismiss the complaint will be sustained. An order may be entered in accordance herewith.”
“For the above reasons, defendants’ motions for disallowance of certain costs will be sustained.”
“Since, as I have said, she acquired no rights as principal beneficiary by listing herself as such in the applications for renewal, it follows that plaintiff is entitled to recover from defendant the sum-of $9,043.98, that being the amount erroneously paid to her, together with interest thereon from the 14th day of December 1954, until paid.”
“Therefore, defendant’s motion to dismiss the complaint and to dissolve the temporary restraining order for lack of jurisdiction is denied.”
“Applying the foregoing method of calculation to a schedule of overtime hours, which is not set out here because of its complexity but which the parties have agreed is correct, the plaintiff is entitled in this action to recover the sum of $132.76 as unpaid overtime compensation, and an additional amount of $132.76 as liquidated damages.”
“For the above reasons the cross-claim of Haynes is dismissed.”
“Plaintiff’s motion for a summary judgment is granted against defendant Strontium Products Company, a partnership, and against each individual defendant, jointly and severally for the sum of $735,000, with interest from August 7, 1945, until paid, at the rate of six per cent per annum with costs.”
“Therefore, the injunction is refused. An order may be entered in accordance with the foregoing opinion.”
“An order may be presented for entry dismissing plaintiff’s complaint.”
“Plaintiff’s motion for judgment on the pleadings is therefore granted and an order may be prepared for entry in accordance with this opinion.”
“The motions to dismiss the complaints will be denied. '”
Caseload & timing
From public federal docket records for this judge.
No assigned electronic docket sample was available for a historical caseload description.
A historical record
Judge Moore 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.