Maryanne Trump Barry

How Judge Barry rules, drawn from 26 signed orders. Every observation links to the order it came from.

Judge Barry no longer hears cases. This profile is preserved as a historical record of how they ruled here.

Court
U.S. Court of Appeals for the Third Circuit
Position
Circuit judge
Status
Deceased
Served
1999–2019
Appointed by
Bill Clinton (Democratic)
Commissioned
September 22, 1999
Education
Mount Holyoke College, B.A., 1958; Columbia University, M.A., 1962; Hofstra University School of Law, J.D., 1974
Signed orders read
26

About Judge Barry

Maryanne Trump Barry was a judge of the United States Court of Appeals for the Third Circuit. Appointed by President William J. Clinton, Judge Barry received a commission on September 22, 1999. Judge Barry previously served on the United States District Court for the District of New Jersey, commissioned there on October 7, 1983. Judge Barry assumed senior status on June 30, 2011 and retired on February 11, 2019.

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.”

In CBS Broadcasting, Inc. v. Echostar Communications Corp., she vacated discovery sanctions because Echostar had received neither notice nor an opportunity to be heard before the orders were entered.

“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.”

In United States v. Niimoi, Barry affirmed the sentence and held that the panel could not review the district court’s failure to depart when the defendant had made no departure request.

“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

In United States v. Huggins, she held that a Pennsylvania juvenile delinquency adjudication was not a prior conviction under 21 U.S.C. § 841(b)(1)(B), and vacated a sentence enhanced on that basis..

“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.

Cuevas v. City of Philadelphia
· 2007-10-17
Appeal (civil-rights-plaintiffs-appellants) Denied

“Accordingly, and substantially for the reasons set forth in Judge Pratter’s opinion, we will affirm.”

Goodman v. Unity Township
· 2007-10-16
Appeal (civil-plaintiff-appellant) Denied

“We are satisfied that the order of the District Court should be affirmed.”

Zelenka v. NFI Industries, Inc.
· 2008-01-15
Appeal (False-Claims-Act-plaintiff-appellant) Denied

“We conclude that, substantially for the reasons set forth in the Opinion of the District Court, we will affirm.”

United States v. Niimoi
· 2009-07-06
Appeal (criminal-defendant-appellant) Denied

“We will affirm the judgment of sentence.”

In re Grand Jury
· 2006-05-11
Appeal (privilege-claimant-appellant) Denied

“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.”

Spero v. Helge
· 2005-07-18
Appeal (decedent's-parents-appellants) Denied

“Accordingly, for substantially the reasons set forth by the District Court, we will affirm its July 20, 2004 order.”

United States v. Vitiello
· 2005-04-26
Appeal (criminal-defendant-appellant) Granted in part

“Accordingly, although we will affirm the conviction, we will vacate the sentence and remand for resentencing in accordance with Booker.”

Jimenez v. Holder
· 2009-07-08
Appeal (immigration-habeas-petitioner-appellant) Denied

“We will affirm.”

Gao v. Attorney General of the United States
· 2007-04-18
Petition for review (asylum-petitioner) Denied

“We will, therefore, deny the petition for review.”

S. Freedman & Co. v. Raab
· 2009-11-23
Appeal (company-appellant) Granted

“For the reasons stated above, we will reverse the order of the District Court.”

United States v. Coffee
· 2008-09-30
Appeal (criminal-defendant-appellant) Denied

“We will affirm the judgment of sentence.”

United States v. Santos
· 2009-10-22
Appeal (criminal-defendant-appellant) Denied

“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 here. If you're preparing for a matter, start from the court's current bench.