Edward Julien Moinet
Judge Moinet no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Moinet decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Moinet treated concrete threats to patent licensing and business relationships as sufficient to create an actual controversy for declaratory relief.
“such petition alleges and sets forth an actual controversy between the parties herein”
He protected a manufacturing process as a trade secret even when experimentation used obvious means, because the successful combination retained independent value.
“The fact that the means, by which the making of Dirigold was discovered, are obvious, and a result of experimentation, does not destroy the value of the discovery to the one who made it.”
Procedural preferences
Moinet required a real and substantial need before allowing an insurer's equity suit to displace the beneficiaries' jury trial in pending legal actions.
“The grounds for equitable relief to a single plaintiff which will deprive two or more defendants of their right to a jury trial must be real and substantial and its necessity must affirmatively appear.”
In reorganization, he treated feasibility as an independent requirement even when competing plans could each be described as fair and equitable.
“while both the plan of the Trustee and the plan of Mr. Shapero are ‘fair and equitable,’ only the plan of the Trustee is ‘feasible,’”
Cautions
Moinet enforced an unambiguous policy exclusion rather than extending an incontestability clause to disability and double-indemnity benefits.
“the language of the incontestable clause here invoked is’ unambiguous and does not apply to the disability and double indemnity provisions of the policy.”
He treated taxes accruing during a receivership as administrative expenses payable from funds under the receiver's control.
“All taxes falling due during the receivership are payable out of the funds in the hands of the receiver as' administrative expenses of the receivership.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the motions to dismiss the said bills of complaint are granted and orders accordingly entered.”
“Upon the first contention, the master found non infringement.”
“Upon the second contention, the master found that the defendant was guilty of unfair competition, and determined that plaintiff is entitled to relief as indicated in said report.”
“Upon the last • contention, the master found that the defendant was guilty of infringement of trade-mark, and recommended relief as indicated in said report.”
“no accounting was allowed.”
“Accordingly a decree may be settled herein, providing the relief indicated, and granting permanent injunction as indicated in the report of the special master.”
“A decree may be entered determining said amounts due and payable to the city and county in full payment of said taxes, which amounts are allowed as preferred claims to the said city and county”
“all tax liens asserted thereon in behalf of said city, county, or state are discharged, and injunctive relief herein is allowed.”
“Accordingly, an order may be prepared and submitted, denying the motion to dismiss the petition filed herein.”
“an injunction in accordance with the prayer of the bill of complaint should be issued against him.”
“That the plaintiff, United States of America, is entitled to a decree foreclosing its lien against all of the property described in said bill of complaint, except parcels 9, 18, 19, 20, 23, 24, 29, 35, 40, 41, 42, 43 and 44.”
“The cóurt directs that judgment be entered herein rescinding and cancelling the provisions of said policy No. 9 — 326—339 issued by plaintiff to defendant George B. Dizik relating to disability and double indemnity benefits;”
“The court hereby reaffirms its decision heretofore entered in said cause, on all of the issues involved herein, and finds and determines that the plaintiff herein is entitled to the relief prayed for.”
“dismissing the bill of complaint filed by said plaintiffs”
“the court finds and determines that the defendants, Kramers, are entitled to relief under their cross-bill herein, and it is hereby ordered and determined that the lease between the parties hereto is cancelled and held for naught.”
“NOW, THEREFORE, IT IS ORDERED that the order heretofore entered admitting the said August Baecker to citizenship, upon petition number 92351, be and the same is hereby revoked and set aside.”
“NOW, THEREFORE, IT IS ORDERED that the order heretofore entered admitting the said Fritz Bruno Ebert to citizenship, upon petition number 41941, be and the same is hereby revoked and set aside.”
“NOW, THEREFORE, IT IS ORDERED that the order heretofore entered admitting the said Herman Guenther to citizenship, upon petition number 44713, be and the same is hereby revoked and set aside.”
“NOW, THEREFORE, IT IS ORDERED that the order heretofore entered admitting the said John Henry Berth old Schreiber to citizenship, upbn petition number 69674, be and the same is hereby revoked and set aside.”
“NOW, THEREFORE, IT IS ORDERED that the order heretofore entered admitting the said Paul Gies to citizenship, upon petition number 40490, be and the same is hereby revoked and set aside.”
“NOW, THEREFORE, IT IS ORDERED that the order heretofore entered admitting the said Fritz Streuer to citizenship, upon petition number 58179, be and the same is hereby revoked and set aside.”
“It is therefore ordered, adjudged and decreed that the defendants herein and each of them, their servants, agents and employees and all persons in active concert or participation with them are hereby permanently enjoined and restrained from:”
“I am therefore approving the plan of the Trustee, which in my opinion complies with the provisions of Section 216 of the Bankruptcy Act and is fair and equitable and feasible.”
“Mr. Shapero’s plan is not found worthy of consideration and is therefore disapproved.”
Caseload & timing
From public federal docket records for this judge.
No case-level docket record assigned under Moinet's name was returned for his tenure. The profile therefore makes no claim about his complete caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Moinet 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.