Ewing Thomas Kerr
Judge Kerr no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kerr decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He declined to create a new state-law liability rule that Wyoming's own courts had not adopted.
“It is not the province of this Court to unilaterally make such a decision”
He treated a closely held partnership's transfer restrictions as material to fair-market valuation.
“Lack of marketability must be considered in determining fair market value.”
He required administrative mineral decisions to rest on evidence adequate to support a reasonable conclusion.
“Therefore, this Court finds that the decision of the IBLA is neither arbitrary nor capricious, is not contrary to law, and is supported by substantial evidence.”
Procedural preferences
He enforced claim preclusion to prevent parties from reserving a second theory for later litigation.
“Public policy dictates that finality must be reached in all litigation and parties must abide by the final judgment rendered in the cause.”
He treated the statutory period for administrative appeals as jurisdictional and dismissed late filings.
“When an appeal is not filed in a timely fashion, the recourse of the Court is to dismiss the Complaint.”
He dismissed when effective relief required action by an absent indispensable federal official.
“the Secretary of the Interior is an indispensable party defendant.”
Cautions
He rejected jail discipline that deprived inmates of nutritionally adequate food.
“The very ability to implement such a ‘punishment’ shall not be allowed to exist.”
He demanded strict enforcement of protest and appeal deadlines in mineral-leasing disputes.
“time limitations on protests, contests and appeals must be promulgated and strictly enforced.”
He scrutinized fee submissions and removed time unrelated to the case before fixing a reasonable award.
“The Court removed these items, 5.8 hours worth as well as the great majority of his expenses since they represented costs incurred at the administrative level.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The prayer of the complaint with respect to an accounting is denied.”
“It follows that plaintiff is entitled to a judgment permanently enjoining defendants from further drilling upon said right-of-way, or from prospecting same for oil, gas or other hydrocarbons, or for the purpose of removing or selling the same.”
“For reasons above stated the motion for summary judgment filed on behalf of the plaintiffs is sustained.”
“From what I have said I hold the plaintiff is entitled to an injunction enjoining the Company from violating Section 15(a) (2) of the Act.”
“An order will be entered dismissing the complaint for lack of an indispensable party.”
“From what I have said, I hold that the Motion for Summary Judgment should be, and the same is hereby, sustained.”
“I find, therefore, that the plaintiff proved by a preponderance of the evidence that it was entitled to judgment declaring that each insurer, that is, both the plaintiff and defendant, is obligated to contribute its proportionate share of the loss incurred by the judgments entered against the insured.”
“I further find that the defendant, St. Paul Fire and Marine Insurance Company, should take nothing by its counterclaim.”
“From what I have said, I hold the verdict of the jury should be set aside and judgment entered for the government as prayed for in the complaint.”
“For the reasons stated herein, the motion for a permanent injunction is denied, and the motion to dismiss is granted.”
“For the foregoing reasons, the claims made by the plaintiffs will be disallowed.”
“ORDERED that the decision of the Interior Board of Land Appeals be and the same is hereby reversed; it is”
“FURTHER ORDERED that Defendants’ Motion for Summary Judgment be and the same is hereby denied; it is”
“Judgment for the plaintiff will be entered in accord with these Findings of Fact and Conclusions of Law.”
“Defendants’ counterclaim is without merit and defendants may not recover thereon.”
“NOW, THEREFORE, IT IS ORDERED that the Motion for Summary Judgment be and the same is hereby granted in favor of the plaintiffs and against the defendants, quieting title to the aforesaid described premises; it is”
Caseload & timing
From public federal docket records for this judge.
The two located docket records are bankruptcy appeals. The published decisions span public lands, taxation, insurance, labor, criminal procedure, civil rights, bankruptcy, and benefits disputes, but neither source establishes the distribution of Kerr's full caseload.
A historical record
Judge Kerr 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.