Stanley Marcus
Judge Marcus no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Marcus decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He read an insurance policy as a whole and rejected an interpretation that would erase a negotiated exclusion.
“no clause should be interpreted in a manner which eviscerates any other provision.”
He gave substantial weight to the location of witnesses, records, governing law, and related proceedings when deciding whether an international dispute belonged in a foreign forum.
“The risk of an American court’s getting them wrong is too great and a Finnish court will be far more adept at applying the law of its own forum”
Procedural preferences
At the pleading stage, he treated dismissal as a test of legal sufficiency rather than a demand for evidentiary detail or polished drafting.
“This motion is not designed to strike inartistic pleadings or to provide a more definite statement to answer an apparent ambiguity.”
He required exceptional circumstances before surrendering federal jurisdiction merely because related state litigation was pending.
“federal courts have a ‘virtually unflagging obligation to exercise the jurisdiction given them’ by Congress”
Cautions
He resisted substituting judicial judgment for a supported jury determination when reviewing damages after trial.
“Allowing a new trial on the damages issue, or reducing the amount of the verdict, would merely be an exercise of imposing our judgment on what is clearly a matter for the jury’s determination.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendant Scheer’s motion to dismiss is GRANTED as to Count I and DENIED as to Counts III, IV and VII.”
“Defendant Ebersold’s motion to dismiss is GRANTED in its entirety, and the complaint is dismissed as to Ebersold.”
“Defendant Margate’s motion to dismiss is GRANTED as to Count VI and DENIED as to Counts II, III, IV, V and VII.”
“Claimant Ebanks’ Motion be GRANTED; costs in the amount of $5,168.08 should be awarded to Roger Vaughan, attorneys fees in the amount of $10,342.50 for 29.55 hours of work at the rate of $350 per hour should be awarded to Roger Vaughan, and attorneys fees in the amount of $20,970 for 139.8 hours of work at the rate of $150 per hour should be awarded to Roger Vaughan, III.”
“Third-Party Defendant American Crane’s Motion is likewise GRANTED.”
“ORDERED AND ADJUDGED that Plaintiff’s Motion to Compel the Production from Defendant Topeka is hereby DENIED.”
“IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff’s Emergency Motion to Amend is hereby DENIED.”
“ORDERED AND ADJUDGED that the Defendant’s Motion to Dismiss and the Intervenor’s Motion to Dismiss are GRANTED.”
“ORDERED AND ADJUDGED that Defendants’ Motion for Pinal Summary Judgment is GRANTED.”
“Defendant Transco Syndicate’s motion for summary judgment is GRANTED”
“Defendant California Union’s motion for summary judgment is GRANTED.”
“the Motion to Dismiss (D.E. 19) is GRANTED as to Count VI, Count VII, and Count VIII;”
“the Motion to Stay (D.E. 19) is DENIED.”
“For the following reasons, we GRANT the motions to dismiss”
“Defendants’ Motion for Judgment in Accordance with Motion for Directed Verdict, Motion for Judgment Notwithstanding the Verdict, and Motion for New Trial are hereby DENIED.”
“Defendants' motion for bond pending appeal is DENIED;”
“Accordingly, Defendants’ motion to dismiss is DENIED.”
“For all the reasons detailed, the application to permit Messrs. Kaplan and Forman to testify as to Fink’s out-of-court statements to them is DENIED.”
“RECOMMENDS that the Motion of the Federal Deposit Insurance Corporation as Receiver for Southeast Bank, N.A. to Dismiss, Without Prejudice, for Lack of Subject Matter Jurisdiction, or in the Alternative for Stay of Action and All Associated Proceedings be GRANTED IN PART: the entire action should be STAYED until the earlier of the following: (1) 180 days have elapsed from the date plaintiffs in this action filed claims with the FDIC; or (2) the FDIC has disallowed those claims.”
“the Report and Recommendation is ADOPTED, and the Plaintiffs Motion is GRANTED.”
A historical record
Judge Marcus 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.