Frederick William Kaess
Judge Kaess no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kaess decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Kaess treated unrebutted affidavits and the court’s own comparison of the products as sufficient preliminary evidence of likely confusion.
“The statements of fact in these affidavits may be taken as true where no counteraffidavits are filed in opposition to the motion for preliminary injunction.”
He credited a sworn explanation of investigative purpose where the challengers offered no evidence refuting the government official’s affidavit.
“the Government’s evidence conclusively demonstrates that the civil demands were issued for valid investigative purposes and not for reasons of intimidation or harassment.”
Procedural preferences
Kaess required employees to use both contractual grievance machinery and available internal union appeals before seeking judicial relief.
“The plaintiff was obliged to comply with the intra-union appeal procedure; and absent such compliance, the courts lack jurisdiction to hear the complaint.”
On administrative review, he confined the court to the agency record and would not permit discovery that could not properly affect that review.
“A proper interpretation of this statute requires that judicial review be limited to the administrative record.”
Cautions
Kaess regarded physical presence as relevant but not controlling when assessing a nonresident’s purposeful forum contacts.
“Physical presence in the state is a factor to consider, but it should not be the controlling factor in determining jurisdiction.”
In patent litigation, he relied heavily on a physical courtroom demonstration when it contradicted the asserted technical benefit.
“the court, not wishing to become engulfed in a battle of semantics, relies most heavily upon the court room demonstration, which negates plaintiff’s position.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff’s motion for preliminary injunction will be granted for the reasons stated, and because of the high probability that the plaintiff will make out a case at the trial.”
“In light of the above considerations, an order of forfeiture is to be entered as to the 1973 DODGE VAN, VIN B21AE3X095937, bearing Michigan License 4037 EU.”
“Therefore, it is hereby ordered that the plaintiffs’ Motion to Quash the Civil Investigative Demands be, and the same hereby are, denied”
“It is hereby ordered that the Government’s Petitions for Enforcement of the Civil Investigative Demands be, and the same hereby are, granted.”
“It is ordered that the action be dismissed.”
“Therefore, it is ordered that defendants’ Motion for Summary Judgment is granted.”
“Therefore, it is hereby ordered that the motion to strike all allegations with reference to unseaworthiness is denied.”
“Therefoi'e, it is hereby ordered, that defendant’s Motion For Summary Judgment be, and the same hereby is, granted and the action is dismissed.”
“Therefore, it is ordered that defendant’s motion to dismiss for lack of jurisdiction be and hereby is denied.”
“It is ordered, therefore, that defendant State Farm Mutual Automobile Insurance Company’s motion to dismiss the complaint is granted.”
“Therefore, It Is Ordered that plaintiff’s Motion for Stay and Motion to Compel Answers be denied”
“and that defendants’ Motion to Dismiss and/or for Summary Judgment be granted.”
“Defendants’ Motion to Amend Complaint, having been made moot by the foregoing, is hereby denied.”
“It Is Therefore Ordered that defendant’s motion Be Denied.”
“Therefore, it is ordered that plaintiffs’ claims be denied.”
Caseload & timing
From public federal docket records for this judge.
No exact-name tenure case records were located, so this profile makes no caseload-mix, duration, administrative-disposition, or motion-timing claim.
A historical record
Judge Kaess 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.