James Madison Morton Jr.
Judge Morton no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Morton decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In trademark disputes he gives decisive weight to long acquiescence and laches: where two makers used the same mark for decades without objection, the first user forfeits the right to enjoin the other.
“The one which first adopted and used it has, by long acquiescence, lost the right to prevent the other from doing so.”
He treats the injunction as the indispensable hook for monetary recovery in intellectual-property suits: if no equitable relief is warranted, there is no basis for an award of damages or profits.
“Where the claim to such relief is not established there is nothing on which to hang damages.”
On disputes over public or fiduciary funds he applies the settled rule that interest and accretions follow ownership of the principal, rather than rewarding the official who happened to hold the money.
“The usual rule is that accretions on money follow the ownership of it.”
Procedural preferences
He insists that any departure from ordinary process -- such as substituted service on opposing counsel -- be authorized in advance by court order, quashing service made without one.
“the weight of opinion is that it must be authorized by order of court”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“There must accordingly be a decree denying the petition for limitation of liability and dissolving the injunction against the proceedings in the state court.”
“The Darrow-Mann Company was not negligent in loading the barge.”
“As the right to it did not exist when the bill was filed, the suit must be dismissed.”
“It follows that the bankruptcy petition must he dismissed, and the receivers directed to turn the property over to”
“an order will be entered enjoining the present defendant from entering the state court writ unless the return of service on it is first cancelled.”
“The exceptions to each of the libels are all and severally overruled.”
A historical record
Judge Morton 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.