Mark Everett Fuller
Judge Fuller no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Fuller decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He required a party seeking a new trial to identify more than disagreement with the jury's findings.
“Mere disagreement with a jury’s findings is not now, and has never been, a ground on which a motion for new trial can be granted.”
He enforced ERISA's administrative-exhaustion requirement despite the plaintiffs' financial loss.
“sympathy does not obviate the well-settled law in this Circuit that a plaintiff must exhaust their administrative remedies”
Procedural preferences
He treated federal courts' obligation to exercise jurisdiction as a strong reason against abstention in ordinary parallel litigation.
“the federal courts have a virtually unflagging obligation to exercise their jurisdiction”
He refused summary judgment where material facts remained disputed and the movant had not established legal entitlement.
“Material facts are in dispute with respect to this argument, and the entitlement to judgment as a matter of law on this basis is not supported in the circumstances of this case.”
Cautions
He warned that unsupported remand arguments could expose counsel to sanctions and fee shifting.
“Plaintiff, and Plaintiff’s counsel, potentially have exposed themselves to sanctions under Rule 11(b)”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiffs’ motion (Doc. # 27) is GRANTED IN PART and DENIED IN PART.”
“Defendant’s motion for new trial (Doc. # 131) and Defendant’s Motion for New Trial and Motion for Clarification or Reconsideration, Reversal of Conviction and Directing the Entry of a Judgment of Acquittal (Doc. # 134) are DENIED.”
“Appellants’ Motion for Leave to Appeal (Doc. # 1-1) is DENIED”
“Appellees’ Motion to Strike (Doc. # 1-3), which is construed as a Motion to Dismiss for Lack of Subject Matter Jurisdiction, is GRANTED”
“Defendants Jessie B. Taylor, Jr. and Barbara J. Taylors’ Motion for Summary Judgment (Doe. # 21) is DENIED.”
“Defendant’s Motion for Judgment of Acquittal and, in the Alternative, Motion for New Trial (Doc. # 16) is DENIED.”
“Defendants’ motion to dismiss amended complaint (Doc. # 34) is GRANTED, and the Bryants’ claims in this action are DISMISSED without PREJUDICE”
“the Department’s Motion to Dismiss (Doc. # 5) is GRANTED.”
“Plaintiffs’ Motion to Remand (Doc. # 5) is DENIED”
“the Motion to Dismiss filed by the Town of Newton (Doc. # 5) is GRANTED and Plaintiffs claims against the Town of Newton are DISMISSED without prejudice.”
“the Defendants’ Motions to Dismiss (Docs. #388, 390, 391) are DENIED.”
“Bahr’s Motion to Alter, Amend or Vacate Final Judgment (Doc. # 427) is DENIED.”
“Bahr’s Motion to Stay Execution Pending Disposition (Doc. #443) is DENIED AS MOOT.”
“The United States’ Motion to Supplement the Record (Doc. # 433) is GRANTED.”
“The United States’ Motion to Seal (Doc. # 436) is GRANTED.”
Caseload & timing
From public federal docket records for this judge.
The located writings span removal, civil rights, employment, insurance, criminal procedure, bankruptcy appeals, evidence, and contract disputes. They do not establish the distribution of Fuller's full caseload.
A historical record
Judge Fuller 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.