Samuel Anthony Alito Jr.
Judge Alito no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Alito decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Applies statutory text as written even when equitable considerations point in another direction.
“As the Sixth Circuit has aptly observed, however, “bankruptcy courts cannot use equitable principles to disregard unambiguous statutory language.””
Requires discrimination plaintiffs to produce evidence from which a factfinder could disbelieve the employer's stated reason.
“Accordingly, we hold that the Magistrate Judge erred in holding that Showalter did not adduce evidence from which a reasonable factfinder could disbelieve UPMC’s articulated justification for terminating Showalter.”
Procedural preferences
Requires clarity about whether a sentencing departure ruling rests on legal authority or discretion.
“Accordingly, in cases such as this, where the record does not make clear whether the district court’s denial of departure was based on legal or discretionary grounds, we believe that the appropriate course of action is to vacate the sentence and remand for the district court to clarify the basis for its ruling.”
Treats dismissal without leave to amend as requiring a recognized justification such as futility, prejudice, delay, or bad faith.
“We hold, however, that it is not and that now, as before, in the situation presented here, dismissal without leave to amend is justified only on the grounds of bad faith, undue delay, prejudice, or futility.”
Cautions
Distinguishes unfair treatment from the objectively intolerable conditions needed for constructive discharge.
“We accept these apparent conclusions for purposes of this appeal, but it is clear that unfair and unwarranted treatment is by no means the same as constructive discharge.”
Rejects probable cause based primarily on a broad racial description and vehicle description.
“For the foregoing reasons, we conclude that the district court erred in finding that Officer Nelson had probable cause to arrest and search Kithcart.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We will therefore reverse the order of the district court and remand for the entry of an order holding that Dr. Matthews’ entire NHSC obligation is nondis-chargeable.”
“The order of the district court will therefore be affirmed.”
“In sum, we hold that the evidence in this case was insufficient to show that Clowes was constructively discharged. The judgment of the district court is therefore reversed.”
“For these reasons, we conclude that the district court properly held that the DER is entitled to $113,622.30 in administrative expenses, and we therefore affirm the order of the district court.”
“For these reasons, we affirm the convictions of both defendants, but we vacate their sentences and remand these cases to the district court for further proceedings and resentencing in accordance with this opinion.”
“For the reasons explained above, we hold that 11 U.S.C. § 327(a) prohibits the debtors in this case from employing Price Water-house. We therefore reverse the order of the district court.”
“In conclusion, we find no ground for reversing any part of the consolidated judgment entered by the district court. That judgment is therefore affirmed.”
“Accordingly, the district court’s decision to grant summary judgment to the defendants on count II must be affirmed.”
“We therefore grant Cort’s petition for review; we reverse the April 30, 1992 Decision and Order of the Benefits Review Board; and we remand this case solely for the entry of an award by the Board.”
“Accordingly, we will affirm the decision of the district court dismissing SFMC's complaint.”
“For these reasons, we vacate the sentence imposed by the district court and remand for further proceedings consistent with this opinion.”
“In sum, we hold that the district court correctly granted Woodhead’s motion for summary judgment on the basis of the entire controversy doctrine. The order of the district court will therefore be affirmed.”
A historical record
Judge Alito 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.