Philip Willis Tone
Judge Tone no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Tone decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Tone treated summary judgment as improper when the record left genuine factual questions that had to be tried rather than resolved on paper.
“issues of fact must be resolved by trial and not by affidavits.”
Cautions
He declined to apply rigid per se rules, weighing the full context of the conduct in labor-interrogation cases.
“We join with other circuits, however, in declining to approve a per se rule and instead will look to the totality of the circumstances, including the purpose of the interview, the entire statement made to the employee, and the scope of the questioning.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Affirmed in part; vacated and remanded in part.”
“Affirmed in part; vacated and remanded in part.”
“The order appealed from is reversed insofar as it suppresses evidence that Merritts attempted to solicit a bribe from Kammermeyer on October 10, 1974.”
“The summary judgment in their favor is therefore affirmed.”
Caseload & timing
From public federal docket records for this judge.
Circuit judges do not carry a single assigned trial caseload.
A historical record
Judge Tone 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.