Arthur Johnson Mellott
Judge Mellott no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Mellott decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Mellott treated an aunt as standing in loco parentis where she assumed the household’s financial and parental responsibilities before the serviceman entered the military.
“She is, however, in this court’s opinion, entitled to the remainder due.”
He applied Kansas proximate-cause law to reject liability where an adult’s removal of unexploded ammunition created an unforeseeable intervening chain of events.
“The government, this court believes, could not reasonably have foreseen the chain of circumstances disclosed by this record.”
Procedural preferences
He required felony indictment waivers to comply strictly with the rule’s open-court requirement.
“the waiver, at least, must be ‘in open court.’”
He allowed substitution of the real parties in interest when the amended claim arose from the same occurrence and related back to a timely complaint.
“Under the federal rules it should be prosecuted to conclusion by the insurers, who are the real parties in interest.”
Cautions
He treated prior tax judgments as barring later components of the same unitary refund claim, even where the result appeared harsh.
“To apply the principle of res judicata rather than general equitable principles may seem harsh; but this court feels it cannot do otherwise.”
He construed statutory consent to sue the federal government strictly and would not extend jurisdiction beyond the terms Congress provided.
“A suit may not be maintained against the United States in any case not clearly within the terms of the statute by which it consents ,to be sued.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The petition for a writ of habeas corpus is denied.”
“The petition for a writ of habeas corpus is dismissed, the writ is discharged and petitioner is remanded to the custody of respondent”
“order will be entered denying the motion to dismiss.”
“Plaintiff had the burden of proof. It is the conviction of this court that he has not sustained it. Judgment will therefore be entered for the defendant.”
“Order releasing petitioner from custody is this date being entered.”
“Judgment will accordingly be entered for that amount. In view of the fact that $10,434 was expended by the commission on July 1, 1942, interest upon that amount at six percent per annum is allowed. Interest upon the remainder of the judgment will not be allowed at this time”
“Plaintiff’s prayer for relief is denied”
“Having determined that the petitioner is now being held illegally, what disposition should be made of him?”
“The finding which has been made justifies the conclusion now reached that the petitioner is held under an illegal sentence.”
“The motions to quash service of summons in the first group of cases, therefore, should be denied.”
“The Motions to Dismiss in the second group of cases should be denied.”
“order is being entered discharging the writ of habeas corpus and remanding the petitioner to the custody of the respondent.”
Caseload & timing
From public federal docket records for this judge.
No electronic assigned-case cohort was available for caseload analysis.
A historical record
Judge Mellott 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.