Harrison Lee Winter
How Judge Winter rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Winter no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Winter decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Unresolved facts about market scope and competitive effect prevented summary judgment on an exclusive-dealing theory.
“the facts in the instant case, as disclosed by the affidavit and the deposition of Mr. Campbell, fail to establish beyond genuine issue that competition in a substantial share of the market has not been foreclosed”
Specific allegations that tying and exclusive-dealing practices restrained a substantial volume of commerce were sufficient at the pleading stage.
“on motion to dismiss, the allegations sufficiently allege that a substantial volume of commerce in the tied products is restrained.”
Procedural preferences
Service at a former residence depended on whether the defendant left with an intention to return.
“temporary absence from the otherwise usual place of abode does not render service, by leaving a copy of the summons and complaint there with some person of suitable age and discretion then residing therein, ineffective, unless it appears that the defendant has departed from that place of abode with the intention not to return.”
Expert discovery was favored in a condemnation case where valuation was the central trial issue.
“where the issue to be litigated is value and where value is to be litigated through expert witnesses, the best way to avoid unfairness and to secure ‘the just, speedy, and inexpensive determination of every action,’ Rule 1, F.R.Civ.P. is to make the expert data, opinion and material sought here discoverable.”
Cautions
A fee request following dismissal required evidence of exceptional misconduct, not merely an assertion that the suit was vexatious.
“The difficulty with the defendants’ argument is the lack of factual proof to support their claim of vexation and harassment by the plaintiff.”
Transfer remained subject to conditions designed to reduce the evidentiary burden on the plaintiffs.
“Plaintiff’s contentions that he would be unduly inconvenienced and financially burdened by a transfer can be minimized by the imposition of reasonable conditions upon the transfer.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff’s motion to protect the jurisdiction by enjoining defendant from prosecuting its action in the People’s Court for Baltimore County is denied.”
“Counsel may agree on orders dismissing plaintiff’s motion in Civil No. 12900, and granting plaintiff’s motion in Civil No. 13527.”
“Counsel for defendant may submit an order granting summary judgment for defendant with costs, on both counts of the complaint.”
“this Court concludes that defendant should receive summary judgment.”
“counsel for the defendant may prepare an order directing Mr. Hall to answer the 13 questions set forth above.”
“the indictment is not defective.”
“Defendant’s motion for continuance will be denied, without prejudice to its renewal at the time of voir dire.”
“Defendant’s motion to transfer will also be denied.”
“Accordingly, service will be quashed.”
“defendants' motions to dismiss are denied.”
“Summary judgment must, therefore, be denied.”
“Defendant’s motions to strike, and to transfer, be, and they are hereby, denied.”
Caseload & timing
From public federal docket records for this judge.
Winter's reported District of Maryland decisions include antitrust, insurance, labor, maritime, tax, personal-injury, condemnation, trust, and criminal matters. The reviewed publications do not support a quantified caseload estimate.
A historical record
Judge Winter 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.