Paul Victor Niemeyer
How Judge Niemeyer rules, drawn from 21 signed orders. Every observation links to the order it came from.
Judge Niemeyer no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Niemeyer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Jones, Niemeyer declined to extend products liability to a publisher’s dissemination of ideas because of the effect on expression.
“No case has extended Section 402A to the dissemination of an idea or knowledge in books or other published material.”
In Zeman, he looked past the corporate form where the officers personally directed and benefited from Maryland transactions.
“It would violate a sense of fairness to permit the Burrowses to solicit, negotiate, and consummate corporate business in Maryland in which they personally had so direct and substantial an interest and then allow them to avoid responding in Maryland to legal charges addressed to them personally, which arise from those transactions.”
In Tucker, he required a concrete causal link rather than speculation about whether additional security would have prevented a sudden assault.
“Once the altercation started, it would be sheer speculation to determine how the security guard would have prevented the injury;”
Procedural preferences
In Petr, Niemeyer deferred an employee-status question that depended on facts not suitable for resolution at the pleading stage.
“The Court agrees with defendants that the employee issue is a fact-bound determination which would be inappropriate to make at this stage of the proceedings.”
In Barbe, he enforced both contractual exhaustion and the six-month limitations period governing the preempted labor claim.
“Because plaintiff failed to exhaust her contractual remedies before bringing her claim and failed to file her claims within six months of the time the action complained of occurred, defendants’ motion for summary judgment will be granted.”
In Morris, he assessed diversity jurisdiction from the good-faith demand at removal rather than a later reduction in claimed damages.
“Jurisdiction is thus determined, not by hindsight, but by reasoned foresight, regardless of what subsequently happens.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the motion of Lippincott for summary judgment will be granted”
“Defendants’ motion to dismiss will be granted as to Count II and denied as to all other Counts;”
“Defendant’s motion for summary judgment on the wrongful death count is GRANTED;”
“Plaintiff’s motion to amend to add a claim for loss of a substantial chance of survival is GRANTED;”
“Defendant’s motion for summary judgment on the survived action both as filed and as amended is DENIED.”
“The motion of the United States for summary judgment is granted and judgment is entered in favor of the United States and against plaintiffs without prejudice to their pursuing claims under FECA”
“The motion of John and Suzy Burrows to dismiss the Amended Complaint against them for lack of personal jurisdiction is denied;”
“the Court will enter judgment in favor of Kentucky Fried Chicken.”
“The motions to dismiss and for summary judgment are granted, and the amended complaint is dismissed;”
“That defendants’ motion for reconsideration is denied;”
“That plaintiff’s motion for a temporary restraining order is denied;”
“That plaintiff’s motion for a preliminary injunction is denied;”
“plaintiffs’ petition for attorneys’ fees and expenses is granted in part, and plaintiffs are awarded $54,-225.36 in fees and expenses.”
“The motion of defendants Italia Di Navigazione S.P.A. and Cia Transatlántica Española S.A. for summary judgment is GRANTED.”
“Defendants’ motion to dismiss counts ten, eleven and twelve is granted and those counts are hereby dismissed from the complaint.”
“the court will grant the motion of the state defendants to dismiss the amended complaint as well as the motion to dismiss Mattingly’s crossclaims.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 240 days (N = 10).
A fixed-seed sample of ten terminated historical cases included two contract matters, two other civil-rights matters, and one each involving disability benefits, labor, prisoner civil rights, motor-vehicle injury, veterans-benefit recovery, and ERISA. None retained a motion-entry timeline.
A historical record
Judge Niemeyer 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.