William T. McCarthy
Judge McCarthy no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McCarthy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
McCarthy denied summary judgment when factual doubt remained, emphasizing the litigant's right to a trial rather than resolving a technically complex patent dispute on papers.
“a litigant has the right to a trial where there is the slightest doubt as to the facts.”
McCarthy permitted fraud plaintiffs to amend when clearer party-specific allegations could cure pleading and jurisdictional defects.
“The plaintiffs may be able to state claims complying with Rules 8 and 9(b) alleging diversity and the requisite amount in controversy as to each plaintiff”
Procedural preferences
McCarthy would compel relevant editorial material when it was unavailable from another source and could lead to evidence on malice.
“The short answer to the question is that the document is not available to the plaintiff from any other source.”
McCarthy resolved the legal insufficiency of a proposed defense before trial when postponing the issue would add complexity without serving a useful purpose.
“To delay consideration of the merits of this defense until the time of trial would serve no purpose except to compound and confuse unnecessarily issues which should be met head-on at the time of the trial.”
Cautions
McCarthy required evidence rather than advocacy to establish that a maritime work method was unsafe.
“it goes without saying that argument is never a substitute for evidence.”
McCarthy read the Tort Claims Act to preserve a properly filed claim up to the administrative amount rather than impose total dismissal for demanding too much.
“To dismiss this action now would be to frustrate the purpose of the Act rather than to effectuate it.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Judgment must therefore be entered for the defendant.”
“The motion for a more definite statement respecting certain allegations contained in the complaint is denied.”
“Defendant’s motion for extension of time allowed.”
“The plaintiff’s motion must be denied”
“The plaintiff’s motion must be denied and the defendant’s granted.”
“The motion is allowed as to both aspects.”
McCarthy concluded that interrogatories about similar conduct toward other competitors and conduct predating the limitations period sought relevant antitrust evidence.
“Since there is a material issue of fact to be tried the motion for summary judgment is denied.”
“the petition must be dismissed and the writ denied.”
“The exception is sustained as to the claim for maintenance and cure for the period predating June 14, 1948, and is overruled as to the claim for the period from and after June 14, 1948.”
“It follows that the motion for summary judgment must be, and hereby is, denied.”
“The plaintiff’s motion is denied as to the issues of infringement and damages.”
“The defendant’s motion to dismiss is denied.”
Caseload & timing
From public federal docket records for this judge.
No case-level docket record was returned for McCarthy's tenure. The profile therefore makes no claim about caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge McCarthy 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.