John Rolly Ross
Judge Ross no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Ross decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Ross enforced the time-based priority of federal tax liens over later private interests.
“The collection of lawful taxes must not be frustrated by the claims of private individuals whose rights are junior in point of time, and inferior in point of rank, to those of the sovereign.”
In Social Security review, he left conflicts among medical opinions to the hearing examiner when substantial evidence supported the choice.
“It is for the hearing examiner, not this Court, to decide which opinions are the more persuasive.”
He required a Robinson-Patman plaintiff asserting primary-line injury to be a competitor of the alleged discriminator.
“a plaintiff, when suing to enforce the Act on a theory of injury to primary-line competition, must allege and prove that it was in competition with the defendant.”
Procedural preferences
Ross described new-trial motions as disfavored and requiring caution.
“it is well settled that motions for new trials are not favored.”
He dismissed a deficient federal claim without prejudice where a viable amended theory remained conceivable.
“Accordingly, we are of the opinion that plaintiff should have 30 days in which to file an amended complaint.”
He used legislative history when literal statutory language would frustrate congressional purpose or create an absurd result.
“we may properly rely on legislative history.”
Cautions
Ross refused to enlarge an unclear tax statute through judicial construction after several similar government losses.
“Rather than favoring the courts with reasonably precise legislation, the government has asked us to do its work — to make law by judicial fiat. This, we unequivocally refuse to do.”
A suit nominally against an officer failed where the requested relief would operate against the United States and no statutory limit was identified.
“There must be some express allegation of some express statutory limitation upon the actions of the officer, and an allegation of an act in excess thereof.”
A claimed travel home required objective manifestations, not intent alone.
“Whereas intent is oftentimes determinative in establishing domicile, a ‘home’ rests upon something more objective than intent.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“It is the Order of this Court that the defendant’s motion for a new trial be, and the same hereby is, denied.”
“ORDERED, That plaintiff’s second amended complaint be, and the same hereby is, dismissed and that the above-entitled action be, and the same hereby is, dismissed.”
“The Court is, therefore, of the opinion that the relief prayed for by the plaintiff should be denied.”
“summary judgment be, and the same hereby is, denied.”
“FURTHER ORDERED, that summary judgment be entered in favor of the defendant.”
“Accordingly, the complaint is dismissed, and the defendant is awarded its costs.”
“The Court further concludes as a matter of law that the ‘Sidebottom Super Crane Machine’ is a gaming device within the meaning of, and subject to, the excise tax imposed by Section 3267(a) (2) of the Internal Revenue Code of 1939.”
“It is ordered that the defendant’s motion to dismiss the above entitled action be, and the same is, hereby granted.”
“Accordingly, this Court holds that the Federal tax liens be foreclosed against the proceeds of the sale hereinabove referred to, namely, $1,800, less the sum of $321.07, or a net of $1,478.93, and that such proceeds be paid to the plaintiff for application on the tax liabilities of Arthur D. Harris and Joyce K. Harris.”
“To summarize, the claim of the United States for money owing to the Rem-mers by the debtor Cal-Neva, which was levied upon prior to bankruptcy, is hereby allowed as a priority claim under 11 U.S.C.A. § 104, sub. a(5).”
“the Order of the Referee in Bankruptcy dated April 18, 1959, is hereby set aside, and in its stead the following Order is substituted :”
“It is, therefore, Ordered, that plaintiff’s complaint on file in the above entitled matter be, and the same hereby is, dismissed, without prejudice, however, to the plaintiff’s filing an amended complaint within 30 days from this date.”
“Further Ordered, that defendant’s motion to stay the above entitled action be, *866and the same hereby is, denied on the ground of mootness.”
“Further Ordered, that plaintiff’s motion for oral argument on the defendant’s motion to dismiss and on the defendant’s motion for stay of the above entitled action be, and the same hereby is, denied.”
“Ordered, that defendant’s motion for summary judgment be, and the same is hereby, granted.”
“It is, therefore, ordered, adjudged and decreed, that plaintiff shall have judgment against the defendant in the principal sum of $2,874.22, together with interest as provided for by 28 U.S.C. § 2411 (a) and all costs allowable by 28 U.S.C. § 2412(b).”
Caseload & timing
From public federal docket records for this judge.
The 12 reviewed decisions cover a broad litigation sample but do not establish the distribution of Ross's full caseload.
A historical record
Judge Ross 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.