Harry Ellis Kalodner
Judge Kalodner no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kalodner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats a grand jury's charging terms as a strict boundary on the prosecution's proof.
“The very purpose of the requirement that a man be indicted by grand jury is to limit his jeopardy to offenses charged by a group of his fellow citizens acting independently of either prosecuting attorney or judge.”
Favors deciding cases on their merits when evaluating relief from default.
“[a]ny doubt should be resolved in favor of the petition to set aside the judgment so that cases may be decided on their merits.”
Procedural preferences
Requires litigants to ensure that the docket contains an effective appealable order.
“the primary responsibility rests upon the. litigants to see to it that their record is in proper form at all times.”
Evaluates each side's summary-judgment motion independently rather than treating cross-motions as eliminating factual disputes.
“The fact that both parties make motions for summary judgment, and each contends in support of his respective motion that no genuine issue of fact exists, does not require the Court to rule that no fact issue exists.”
Cautions
Will dismiss an appeal when unresolved post-trial motions leave the underlying judgment nonfinal.
“the defendant’s motions for a new trial and for judgment pursuant to Rule 50(b) remain to be disposed of below, and therefore this Court is without jurisdiction of the appeal.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated the judgment of the District Court is affirmed.”
“For the reasons stated the decree of the District Court will be reversed and the cause remanded with instructions to enter a decree in conformity with this opinion.”
“For the reasons stated, the Order of the District Court will be affirmed.”
“For the reasons stated in Healy v. Pennsylvania Railroad Company, supra, all of which are pertinent here, the instant appeal will be dismissed.”
“Accordingly, the appeal will be dismissed.”
“For the reasons stated the judgment of the District Court must be vacated.”
“For the reasons stated, the decision of the Tax Court will be reversed.”
“For the reasons stated, the judgment of the District Court will be affirmed.”
“For the reasons stated the judgment and order of the District Court will be reversed and the cause remanded with instructions to the District Court to proceed in accordance with this opinion.”
“For the reasons stated the Order of the District Court will be reversed with directions to proceed in accordance with this opinion.”
“For the reasons' stated the Order of the District Court ¡will be affirmed.”
“For the reasons stated the judgment of the district court will be reversed with directions to proceed in accordance with this opinion.”
A historical record
Judge Kalodner 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.