Alexander Harvey II
How Judge Harvey rules, drawn from 18 signed orders. Every observation links to the order it came from.
Judge Harvey no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Harvey decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Aida Dayton, Harvey left contract and limitations questions for trial where the parties' documents and course of dealing supported competing inferences.
“summary judgment should not be granted if inquiry into the facts is desirable to clarify the application of the law.”
In Simmons, Harvey held an unrepresented bankruptcy debtor to the filing, payment, and attendance duties imposed by the Bankruptcy Code.
“status does not excuse her from satisfying the duties and responsibilities imposed by the Bankruptcy Code on a Chapter 13 debtor.”
In BEP, Harvey distinguished economically motivated fiduciary misconduct from the actual malice required for punitive damages.
“No evil or rancorous motive existed.”
Procedural preferences
In Chamberlain, Harvey emphasized actual notice and the opportunity to depose the witness when declining to exclude late-disclosed expert testimony.
“defendant cannot claim unfair surprise or prejudice if Michael Chamberlain is permitted to testify at the trial as an expert.”
In LaSalle Bank, Harvey protected confidential litigation analysis where production would expose counsel's mental processes and strategy.
“defendant’s pending motion is a strenuous attempt to ascertain during discovery the confidential mental processes and strategies of counsel for LaSalle and CMSLP.”
In Adams, Harvey treated disagreement with the prior legal conclusion as insufficient grounds for reconsideration.
“It is apparent that plaintiffs’ pending motion is based essentially on their disagreement with the conclusions reached by the Court”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated herein, the Order of the Bankruptcy Court of November 9, 2000 will be affirmed.”
“ORDERED that plaintiffs’ motion to reconsider is hereby denied.”
“That defendant’s motion to strike Michael Chamberlain as an expert is hereby denied;”
“That defendant’s alternative motion for leave to name a rebuttal expert is also denied.”
“An appropriate Order will be entered by the Court dismissing the complaint with prejudice.”
“That the motion of Trustee Merrill Cohen to withdraw reference and to consolidate is hereby denied;”
“That the Trustee’s request that the Keystone Adversary Proceeding be stayed is hereby denied;”
“defendant’s motion to dismiss, treated herein as a motion for summary judgment, will be granted.”
“defendant’s motion for summary judgment will be granted.”
“the Cohen and Wren motion for appointment of lead plaintiff and for approval of their selection of lead and liaison counsel will be granted.”
“Defendants’ motions to strike class allegations will be denied.”
“ORDERED that defendant’s motion to compel production of documents is hereby denied.”
“plaintiffs motion for partial summary judgment will be granted in part and denied in part.”
“Defendants’ motion for summary judgment will be granted in part and denied in part.”
“That the motion for summary judgment of defendant Trism Specialized Carriers, Inc. is hereby denied as to the claim brought against it in this case by plaintiff AIDA Dayton Technologies Corporation;”
“That the motion for summary judgment of defendant Trism Specialized Carriers, Inc. is hereby denied as to the cross-claim brought against it by defendant I.T.O. Corporation of Baltimore.”
“defendant’s motion for summary judgment will be granted as to all four counts of the complaint.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 2857 days (N = 5).
The five sampled terminated matters included civil-rights, product-liability, asbestos, and other statutory disputes; their entry streams were empty.
A historical record
Judge Harvey 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.