James Robert Kirkland
Judge Kirkland no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kirkland decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A contempt conviction required an unmistakable refusal after the committee clearly communicated what compliance required.
“anything short of a clear cut default on the part of the witness will not sustain a conviction for contempt of Congress.”
A witness’s admission of party membership did not by itself waive the privilege against answering questions about potentially incriminating activity.
“his admission of membership in the Communist Party does not constitute a waiver as defined in the Rogers case”
Cautions
He denied extraordinary relief when asserted harm remained speculative and administrative remedies had not been exhausted.
“An injunction is an extraordinary remedy and should not be granted unless necessary to protect rights against injuries otherwise irremediable.”
A subpoena could not override sovereign immunity where the foreign government controlled the company and formally asserted the privilege.
“sovereign- immunity is extended to Anglo-Iranian and the subpoena served upon this company is quashed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Wherefore, the motion of the defendant is hereby denied, and the judgment as modified is affirmed.”
“the Court accordingly directs a verdict in favor ef the defendant.”
“This Court finds that the justice of this-case requires that costs be apportioned so that the petitioner bear the expense of her counsel as well as the taxable cost of this, proceeding”
“The complaint should be dismissed as to each of said claims 16 and 17 of Plaintiffs’ application Ser. No. 701,745.”
“this complaint is accordingly dismissed.”
“that portion of the motion seeking the same will be denied.”
“the several motions to dismiss are accordingly overruled.”
“the Complaint must be dismissed”
“the temporary restraining order must be dissolved.”
“the motion to dismiss is overruled”
“the preliminary injunction will be granted”
“The complaint, therefore, must, be dismissed.”
“the plaintiff’s motion to strike certain portions of the defendants’ notice of appeal be and the same is hereby overruled.”
A historical record
Judge Kirkland 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.