Katharine Sweeney Hayden
How Judge Hayden decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a Rule 12(b)(2) alter-ego veil-piercing theory, even strong evidence of fund-siphoning and a parent CEO's day-to-day involvement is not enough: the plaintiff must satisfy the full single-economic-entity test (capitalization, solvency, formalities, siphoning, facade) AND show the fraud/injustice lies in the use of the corporate form itself, not in the underlying tort. General parent oversight does not equal improper control.
“this is a 'difficult standard' to meet, and '[d]isregard of the corporate entity is appropriate only in exceptional circumstances' ... the corporation must be a sham and exist for no other purpose than as a vehicle for fraud”
Procedural preferences
Pairs curable Rule 12(b)(6) dismissals with leave to amend, expressly following the Third Circuit's expectation that civil-rights plaintiffs get one chance to replead even if not requested, unless amendment would be inequitable or futile; sets a tight 14-day window. Arguments not pleaded in the complaint cannot be raised in opposition briefing.
“the Third Circuit generally expects district courts to afford plaintiffs alleging civil rights claims an opportunity to amend once even if not requested, so long as amendment would not be inequitable or futile ... Rotondi's retaliation claims (counts 1 and 2) will be dismissed without prejudice, and it may file an amended complaint within 14 days”
On review of a magistrate judge's non-dispositive ruling (Rule 72(a)) she affirms unless 'clearly erroneous or contrary to law' - 'where there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous' - and a litigant's mere disagreement is not clear error. New arguments raised for the first time on a reconsideration motion are not considered.
“Judge Waldor's decision was neither clearly erroneous or contrary to law, and it is affirmed”
Cautions
Reserves with-prejudice dismissal for incurable claims and penalizes delay: a trade-secret plaintiff who cannot plead independent economic value or reasonable secrecy measures, and who sat on the alleged misappropriation for years, is dismissed with prejudice because amendment would be futile and further delay inequitable. Supplier identity and pricing are not protectable trade secrets.
“dismissal shall be with prejudice, as MTC's allegations suffer from incurable deficiencies. Moreover, any further delay to this litigation would be inequitable.”
On compassionate-release (18 U.S.C. 3582(c)(1)(A)) she applies USSG 1B1.13 family-circumstance categories strictly - the caregiver must be shown both incapacitated and the only available caregiver - treats family hardship as an inherent feature of incarceration, holds COVID-19 alone insufficient, and independently weighs the 3553(a)/3142(g) danger factors heavily against violent offenders who have served only part of their sentence.
“The impact on family members is an inherent feature of any term of incarceration ... the mere existence of COVID-19 in society ... cannot independently justify compassionate release”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Motions to dismiss N = 4 |
Granted: 3Granted in part: 1 | counts only |
| Summary judgment N = 2 |
Granted: 1Denied: 1 | counts only |
| Motion to transfer venue N = 1 |
Granted: 1 | counts only |
| Appeal of magistrate order N = 1 |
Denied: 1 | counts only |
| Motion for compassionate release N = 1 |
Denied: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motions to dismiss are granted as to counts 1, 2, and 4 ... Those claims are dismissed without prejudice to Rotondi filing, within 14 days, an amended complaint that addresses the deficiencies”
“and as to count 3 with respect to James Britton ... Count 3 therefore is dismissed against James Britton without prejudice ... Taking the pleaded facts as true, however, the claim can, at this stage, proceed to discovery [against Britton]”
“Jiaherb's motion to dismiss (D.E. 119) will be granted ... In this case, dismissal shall be with prejudice, as MTC's allegations suffer from incurable deficiencies. Moreover, any further delay to this litigation would be inequitable.”
“Judge Waldor's decision was neither clearly erroneous or contrary to law, and it is affirmed. ... Frazier's appeal (D.E. 301) ... is denied”
“Frazier has failed to meet its burden to show that exercise of personal jurisdiction over Right Lane is appropriate under an alter ego theory, and Right Lane's motion to dismiss is granted.”
“For the above reasons, Hammary's motion for compassionate release is denied.”
“the Court accepts Judge Waldor's report and recommendation (D.E. 16), and AXA's motion to transfer venue (D.E. 8) is granted.”
“ORDERED that plaintiffs' motion [D.E. 26 (12-4042)] is denied”
“ORDERED that defendants' motion [D.E. 26 (12-5379)] is granted.”