Duross Fitzpatrick
Judge Fitzpatrick no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Fitzpatrick decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Fitzpatrick accepted an ERISA administrator’s interpretation after finding the plan term supported that reading and the result was reasonable.
“Because the Court agrees with Defendant’s interpretation of Guaranteed Issue Amount, the Court cannot find Defendant’s interpretation unreasonable.”
He treated a claim as viable at the pleading stage when the alleged facts supported any possible legal theory, even if the complaint used a different theory.
“If the facts alleged in the complaint would allow the plaintiff to recover under any possible theory, the motion must be denied, regardless of whether they would allow recovery under the particular theory pleaded by the plaintiff.”
Procedural preferences
Fitzpatrick conditionally withdrew a bankruptcy reference only because withdrawal was necessary before the multidistrict panel could consider transfer.
“Defendants are unable to seek a transfer from the Panel unless the reference is withdrawn from the bankruptcy court.”
He required removing defendants to substantiate the jurisdictional amount rather than rely on a complaint’s general description of serious injury.
“If the mere allegation that the plaintiff was ‘seriously injured’ sufficed to establish the jurisdictional amount, then virtually every personal injury case could be removed to federal court.”
Cautions
Fitzpatrick invalidated an inventory search when the governing policy failed to protect against investigative discretion.
“the Macon Police Guidelines were not sufficient to protect the Fourth Amendment Rights of Defendant and that the inventory search was the result of an impermissible investigatory motive.”
He denied class treatment where separately filed cases showed that potential members wanted to control their own litigation.
“The right and desire of other potential plaintiffs to control their own litigation and pursue independent actions are important considerations which defeat the propriety of class certification.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiffs Motion for Summary Judgment is DENIED and Defendant’s Motion for Summary Judgment is GRANTED.”
“The Motion for Summary Judgment filed by Planned Furniture Promotions, Inc. is hereby GRANTED in part and DENIED in part.”
“The Motion for Summary Judgment filed by the IRS is hereby DENIED.”
“For the foregoing reasons, the Court GRANTS in part and DENIES in part Defendants’ motions”
“Defendant Georgia Department of Revenue’s Motion for Summary Judgement is DENIED.”
“Therefore, Defendants’ Motion to Withdraw the Reference is GRANTED CONDITIONALLY, that is on the condition that Defendants move and receive from the Judicial Panel on Multidistrict Litigation an order of transfer.”
“Accordingly, the decision is hereby REVERSED.”
“Accordingly, Defendants’ motion is GRANTED IN PART and DENIED IN PART.”
“Defendant’s motion for summary judgment is hereby GRANTED. Additionally, because she has not met this threshold requirement, Plaintiffs motion for summary judgment is hereby DENIED.”
“Accordingly, the Defendant’s Motion for Summary Judgment is hereby GRANTED. Plaintiffs Motion for Summary Judgment is hereby DENIED.”
“Defendants’ Motion for Summary Judgment is hereby GRANTED and Plaintiffs Motion for Summary Judgment is hereby DENIED.”
“Accordingly, Defendant’s Motion to Dismiss based on Eleventh Amendment immunity is DENIED.”
“Plaintiffs’ motion to strike is hereby GRANTED as to Exhibits K, L, M, N, O, Q, R, and P and DENIED as to Exhibit S, and Defendants’ motion to dismiss the above-styled action is hereby DENIED.”
A historical record
Judge Fitzpatrick 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.