Fred M. Winner
Judge Winner no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Winner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He gave substantial weight to coordinated agency interpretations in a highly technical regulatory field.
“At the outset, plaintiffs face the hurdle that two agencies of peculiar and extreme expertise reach a conclusion diametric to the position of plaintiffs, and, certainly, the determinations of these agencies in this highly technical area are entitled to great weight.”
He looked past labor-contract labels to the actual degree of control when determining joint employment.
“The Court finds and concludes that within the meaning of the Act Ramon Medelez and defendants were joint employers of the farm laborers in question.”
He enforced an insurer's timely reservation of rights where no party showed prejudicial reliance.
“The plaintiff is not estopped from claiming non-coverage and it has not waived its right to make this claim.”
Procedural preferences
He treated the statutory bar on federal tax injunctions as controlling even when the government's conduct drew sharp criticism.
“I have no jurisdiction to enjoin collection of taxes by the I.R.S.”
He refused to create witness immunity without authority delegated by Congress.
“The power to immunize potential criminal defendants is a power which should not be attempted by all of the judges of the United States unless and until Congress delegates that jurisdiction to the judiciary”
He favored developing disputed facts through sworn testimony and cross-examination rather than accepting unsupported secrecy assertions.
“I hope that all of the facts can be developed in open court, under oath, subject to cross-examination”
Cautions
In criminal protest cases he excluded moral or political disagreement offered as a substitute for a legally recognized defense.
“No evidence will be received offered to prove either the morality or immorality of nuclear weapons or nuclear power.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“I affirm the magistrate in all respects, not because I think that there was no ‘clear error’, but because I think that there was no error.”
“Counsel should work on phrasing an injunction in line with this opinion”
“I find and conclude that the policy in question does not cover the injuries suffered by Krystal Ervin.”
“the properties posted by them as security for defendant’s release are ordered forfeited to the United States”
“it is intended that this memorandum shall constitute the required ‘order refusing . . . release’”
“The motion of Philip B. Heymann to quash the subpoena served on him is denied.”
“The motion of intervenor John White for a protective order was orally withdrawn today”
“unless and until the Tenth Circuit or the United States Supreme Court tells me I have the right to grant effective ‘judicial immunity’ I shall continue with my belief that I have no such power and I shall grant no immunity except as Congress has said it can be granted under 18 U.S.C. §§ 6002-6003.”
“the request for a preliminary injunction is denied.”
“The motion for default is denied.”
“plaintiffs’ motion for more time to file another brief is denied.”
“Except for the few non-dispositive motions orally granted at the hearing on May 31, 1979, all motions filed by defendants are denied.”
“No evidence will be received offered to prove either the morality or immorality of nuclear weapons or nuclear power.”
“the motion filed in this case was withdrawn”
“Defendant’s motion to disqualify me is denied.”
“These are the reasons I have granted defendants’ motion for summary judgment.”
“summary jugment shall enter against plaintiffs and in favor of the defendants.”
“the request for an award of attorneys fees is denied”
“we order that plaintiff’s complaint and the action be dismissed.”
Caseload & timing
From public federal docket records for this judge.
Winner's reported decisions include environmental regulation, employment, criminal procedure, tax, insurance, federal administration, civil rights, and commercial disputes. No retained electronic records are available to quantify his caseload.
A historical record
Judge Winner 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.