Frank Hampton McFadden
Judge McFadden no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McFadden decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
McFadden applied the labor-law six-month limitations period when delayed hybrid contract-and-duty claims threatened the grievance process.
“Applying the six-month limitations period to this case, plaintiffs’ claims are time-barred”
He held the government responsible after it ignored a surety’s timely notice and the contractor’s request concerning the final payment.
“The Government, in taking this position, which the Court finds is arbitrary and unreasonable, cannot now be heard to complain that plaintiff was not diligent.”
Procedural preferences
For removal, he focused on whether the complaint alleged one injury rather than artificially severable theories against different defendants.
“The complaint here, as in du Pont, alleges one civil wrong resulting from one or more negligent acts.”
He enforced repeated written waivers after the buyer accepted and used the equipment.
“these defendants executed four separate waivers after taking possession of the drill.”
He rejected an agency accounting approach that treated similarly sized companies differently solely because they used different accounting methods.
“It would be an anomaly for two companies doing substantially the same volume of work to receive different treatment because of different accounting methods”
A class representative had to belong to and adequately connect with the class he proposed to represent.
“The plaintiff must be a member of the class he seeks to represent.”
Cautions
A servicemember challenging a conscientious-objector decision bore the burden of showing that the Army lacked any factual basis.
“The burden is on petitioner to show that there was no basis in fact for the Army’s decision.”
He left preclusion questions arising from a federal consent order to the state court rather than enjoining the state proceedings.
“However, these are matters for the state court to resolve, and not to be resolved by an injunction from this court.”
He treated constitutional due-process requirements as a judicial question rather than a matter an agency could define conclusively.
“The meaning of due process requires an interpretation of the constitution which is peculiarly a judicial function.”
Proof of workplace conflict did not establish that race caused the discharge where the record supported insubordination as the reason.
“plaintiff Jimmy Wright was discharged for reasons other than unlawful discrimination.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“summary judgment is due to be granted in favor of defendants and that plaintiffs’ motion to amend their complaint is thereby rendered moot.”
“Accordingly, this action is due to be remanded to the Circuit Court for the Tenth Judicial Circuit of Alabama.”
“the Government’s request for an amendment to the Order of September 29, 1976 will be granted to the extent that the Court now considers the July 6 objection as having been timely interposed; but, for the reasons stated herein, the Government’s request for injunctive relief is still due to be denied and the complaint dismissed.”
“There is no genuine issue of material fact presented with respect to the issue of waiver of defenses and claims and Credit is entitled to a judgment as a matter of law.”
“Since no contract ever came into being, plaintiff is entitled to no relief against defendant and this action is due to be dismissed.”
“The defendants will be required to comply with the federal statute and provide plaintiffs, and all other absentee voters who apply, with absentee ballots for the Presidential and Vice Presidential elections. All other relief will be denied.”
“judgment will be rendered for the defendant on plaintiff’s claim and against plaintiff on defendant’s counterclaim.”
“the plaintiff is entitled to recover the sum of $10,000 in this cause and judgment will be entered accordingly.”
“An order will be entered setting aside that determination.”
“the petition for the writ of habeas corpus will be denied.”
“the motions to dismiss are due to be granted.”
“judgment should be entered for defendant.”
Caseload & timing
From public federal docket records for this judge.
No electronic assigned-case records were located for McFadden’s 1969-1982 tenure, so this record does not state a quantitative caseload mix or case-duration distribution.
A historical record
Judge McFadden 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.