Frank Herbert Norcross
Judge Norcross no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Norcross decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Norcross allowed a counterclaim to proceed where at least some requested relief could be legally available, even if another requested remedy was doubtful.
“The mere fact, if it be a fact, that defendant by its. *335counter-claim is praying for a relief which it could not legally obtain a judgment for as against the plaintiff, would not warrant a dismissal of the counter-claim, where ■other forms of relief prayed for may not be subject to such an objection.”
He treated a valid, timely effort to liquidate collateral as equivalent to presenting a bankruptcy claim within the statutory period.
“Whether regarded as an original or as an amended claim, the same was filed in time.”
In the Reno bakery case, discriminatory local inspection of out-of-state products could not be justified merely as a health measure.
“It will not do to say — certainly no judicial tribunal can with propriety assume — that the people of Minnesota may not, with due regard to their health, rely upon inspections in other states of animals there slaughtered for purposes of human food.”
Procedural preferences
Norcross required prior issues to appear clearly from the pleadings before granting judgment based on preclusion.
“it must be clear from the pleading what issues were presented and determined.”
He enforced removal procedure against a defendant that waited 109 days to lodge the state-court record.
“We have here a case where from the time of filing the petition for removal and the filing of the motion to remand an intervening time of 109 days had elapsed.”
He kept adverse property-title disputes out of summary bankruptcy process when both title and possession were contested.
“If both the title of the debtor and its right to possession are denied, a separate and independent suit must be brought by the trustee seeking possession.”
Cautions
A lessee attempting to exercise a purchase option had to comply with the agreement's cash-tender requirement.
“such option has not as yet been complied with and the trustee is not entitled to the relief prayed for in his petition.”
A federal contractor was not immune from state property tax merely because its electricity supported construction of a federal project.
“A contractor under a contract of that character is not such an instrumentality of the government as would relieve it from state and county taxes.”
Where both drivers were negligent, Norcross denied recovery to both sides.
“Neither plaintiff nor defendant are entitled to a judgment for damages as prayed for.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motion to dismiss is granted, subject to permission to filo a further amended petition within ten days.”
“The application for a temporary injunction in each case is denied.”
“The application for a temporary injunction is denied.”
“The petition for the said order ‘to appear and exhibit claims, if any, to certain property of the debtor, * * * and for general relief,’ is denied.”
“It is the order of the court that the temporary injunction heretofore issued be, and the same hereby is, made permanent.”
“There is, therefore, no necessity for granting the motion, and the same is denied.”
“The demurrer to the answer is overruled.”
“The motion for judgment on the pleadings is denied.”
“Plaintiff, therefore, is not entitled to recover. Judgment for defendant.”
“The motion to dismiss should be denied. It is so ordered.”
“The order of the Referee rejecting the claim is disapproved and the order set aside with directions to consider the same as duly filed.”
“The prayer of defendant’s answer should be granted. It is so ordered.”
“It is the conclusion of the Court, that this Court is without jurisdiction to determine the questions of fact and law presented in this suit or to grant to either party the relief respectively prayed for. The suit should be dismissed.”
Caseload & timing
From public federal docket records for this judge.
The 22 reviewed decisions cover a broad litigation sample but do not establish the distribution of Norcross's full caseload.
A historical record
Judge Norcross 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.