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Talbot Smith

United States District Court for the Eastern District of Michigan district Retired 1978 · served 1962–1978 Appointed by John F. Kennedy (Democratic) 18 signed orders read

Judge Smith no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Smith decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Smith treated the plain language of a marine policy as controlling where the insured could not connect the loss directly to an accident in launching.

“Interpreting clause #2 by the plain meaning and fair import of its language, it becomes evident that recovery under the clause is limited to situations where loss or damage to the hull is directly caused by an accident in launching.”

He required a damages theory to rest on evidence rather than an officer’s unsupported estimate.

“If damages may not be estimated by guess or conjecture, a fortiori they may not be arrived at by a mere ‘feeling’.”

Procedural preferences

Smith protected internal administrative deliberations from discovery because the privilege followed the character of the documents, not their particular contents.

“their privilege arises not from their content but from their nature, they being the internal working papers of the Commission.”

He required a challenger to identify circumstances suggesting wrongdoing before allowing depositions of a senior administrative decision-maker.

“Plaintiff has the cart before the horse. Plaintiff wants to depose the Comptroller to expose wrongdoing. The law is the other way around.”

Cautions

Smith limited the statutory union-member bill of rights to the specific interests Congress protected, rejecting its use as a vehicle for unrelated accusations.

“Title I is not a ‘catch all’ into which disgruntled members may sweep all manner of miscellaneous charges.”

In constitutional vagueness challenges, he asked whether a person of common intelligence would doubt both the rule’s meaning and its application.

“The vagueness label is properly applicable only to a statute or ordinance the terms of which are such that one of common intelligence must be in doubt both as to its meaning and its application.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Gregory v. Hershey
Class certification (plaintiffs) Granted

“It is hereby ordered, that the above cause of action shall be allowed to be maintained as a class action.”

Summary judgment (plaintiffs) Granted

“It is therefore adjudged and declared that plaintiffs and all others similarly situated are entitled to fatherhood III-A deferments as a matter of law”

Walker v. Reliance Insurance
Summary judgment (defendant insurer) Granted

“The defendant’s motion for summary judgment is granted.”

Megge v. United States
Motions to dismiss (defendant United States) Granted

“The motion to dismiss must be granted.”

Walled Lake Door Co. v. United States
Motion for production of documents (plaintiff) Denied

“Plaintiff's motion for production of documents is denied.”

Objections to interrogatories (defendant Interstate Commerce Commission) Granted

“Defendant ICC’s objections to interrogatories concerning those documents are sustained.”

United States v. Foster
Claim to insurance proceeds (widow Kathryn D. Foster) Denied

“The widow cannot take the proceeds of the policy as named beneficiary under the long established rule referred to above.”

Claim to insurance proceeds (estate administrator) Granted

“this Court directs that the proceeds shall be paid to the defendant, James W. Anderson, Administrator of the Estate of Francis C. Foster”

Sherman v. Goerlich's, Inc.
Summary judgment (defendant Goerlich's, Inc.) Granted

“The renewed motion for summary judgment will be granted.”

United States v. City of Flint, County of Genesee, State of Michigan
Permanent injunction (plaintiff United States) Granted

“The matter of injunctive relief has been heretofore considered and such relief granted.”

Declaratory judgment to void tax liens (plaintiff United States) Denied

“Such liens being consistent with Michigan property tax laws, the relief requested by the United States as to the voiding of any and all liens was denied.”

Declaratory judgment on title insurance (plaintiff United States) Granted

“we hold that the Burton Abstract and Title Company, under the terms of its policies, has a duty to extinquish all liens for 1967 property taxes, inchoate and perfected.”

In re Petition for Naturalization of Edgar
Naturalization petition (petitioner Thomas Henry Edgar) Granted

“the recommendation of the United States Naturalization Examiner that the petition be denied on the ground that the petitioner has failed to establish good moral character during the period required by law is overruled, and the petition is approved.”

Smith v. Olsen & Ugelstad
Wrongful death claim (plaintiff estate) Denied

“The shipowner is not liable in Civil Action #32042 because of the total absence of negligence of unseaworthiness.”

Claim for defense expenses (shipowner Olsen & Ugelstad) Granted

“The shipowner is entitled to the reasonable expense incurred in defending the first suit.”

Green v. Local 705, Hotel & Restaurant Employees' & Bartenders' International Union
Motions to dismiss (defendants) Granted

“Pursuant to the above, defendants’ motion to dismiss must be granted.”

Zirin Laboratories International, Inc. v. Mead-Johnson & Co.
Partial summary judgment (defendants) Granted

“Summary judgment on the issue of' damages is heréby granted to defendants..”

United States v. State of Michigan
Permanent injunction (plaintiff United States) Granted

“any enforcement, actual or threatened, shall be permanently enjoined so long as title to the said lands remains in the United States Government.”

Declaratory judgment to void tax liens (plaintiff United States) Denied

“Other relief requested by plaintiff is 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 Smith 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.