Maryanne Trump Barry
Judge Barry no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Barry decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats dignity, courtesy, and fairness as indispensable to adjudication regardless of a litigant's citizenship or the nature of the case.
“It is a hallmark of the American system of justice that anyone who appears as a litigant in an American courtroom is treated with dignity and respect.”
Requires a meaningful opportunity to respond before discovery sanctions are imposed.
“Although we have grave doubts as to the propriety of any such sanctions on the record presented, we need not reach that question because Echostar was denied notice and an opportunity to be heard before sanctions were ordered.”
Procedural preferences
Does not require an ERISA administrator to independently investigate every credibility conflict when the administrative record is otherwise adequate.
“There is no requirement that an ERISA administrator faced with an issue of who is to be believed must conduct an independent investigation into the veracity of each account.”
Will not review a sentencing court's failure to depart when the defendant never requested the departure.
“Because courts of appeals generally lack jurisdiction to review denials of departures, “[a] fortiori, we cannot review a failure to depart where no departure was requested.””
Cautions
Distinguishes juvenile delinquency adjudications from adult convictions when statutory text does not expressly combine them.
“In sum, we find that “prior conviction” as used in 21 U.S.C. § 841(b)(1)(B) does not include adjudications of delinquency under the Pennsylvania Juvenile Act.”
Treats lower performance scores as nonactionable without evidence that they produced a tangible employment consequence.
“The lower scores, however, are not by themselves actionable under Title VII absent a showing, not made here, that they resulted in "a more tangible form of adverse action, such as ineligibility for promotional opportunities.””
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, and substantially for the reasons set forth in Judge Pratter’s opinion, we will affirm.”
“We are satisfied that the order of the District Court should be affirmed.”
“We conclude that, substantially for the reasons set forth in the Opinion of the District Court, we will affirm.”
“We will affirm the judgment of sentence.”
“We see no reason to revisit Granite and conclude, without further discussion, that essentially for the reasons set forth by the District Court, its orders of May 11, 2005 and June 1, 2005 will be affirmed.”
“Accordingly, for substantially the reasons set forth by the District Court, we will affirm its July 20, 2004 order.”
“Accordingly, although we will affirm the conviction, we will vacate the sentence and remand for resentencing in accordance with Booker.”
“We will, therefore, deny the petition for review.”
“For the reasons stated above, we will reverse the order of the District Court.”
“We will affirm the judgment of sentence.”
“For the foregoing reasons, we will affirm the judgment of conviction and sentence.”
A historical record
Judge Barry 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.