Maryanne Trump Barry
How Judge Barry rules, drawn from 18 signed orders. Every observation links to the order it came from.
Judge Barry no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Barry decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the reviewed patent dispute, prolonged silence after notice of industry activity supported both laches and equitable estoppel where the opposing party reasonably relied on the apparent abandonment of enforcement.
“Zimmer unreasonably and inexcusably delayed in enforcing its patent against Stryker and Stryker was materially prejudiced by that delay. Moreover, Zimmer affirmatively misled Stryker into believing that Zimmer had abandoned its patent and Stryker relied to its detriment on this affirmatively misleading conduct.”
Procedural preferences
A securities complaint sounding in fraud had to identify supporting contemporaneous facts; a boilerplate assertion that information rested only with defendants did not satisfy the particularity requirement.
“That boilerplate language alone, however, is insufficient.”
Cautions
In the reviewed forged-check dispute, illegible endorsements prevented a bank from invoking the fictitious-payee defense as to most checks, leaving those claims for further proceedings.
“Summary judgment as to the seventy-six checks containing illegible indorsements must, therefore, be denied.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons discussed above, defendants’ motion for summary judgment/partial summary judgment will be granted in part and denied in part as to Midlantie and granted, as unopposed, as to the remaining mov-ants.”
“ORDERED that defendant’s motion for summary judgment be and hereby is granted.”
“For the reasons discussed herein, defendants’ motion to dismiss the complaint for lack of subject matter jurisdiction is hereby granted.”
“Summary judgment will be granted in favor of Kloster.”
“ORDERED that plaintiff’s motion for summary judgment as to Counts One and Two of her complaint be and hereby is granted;”
“ORDERED that plaintiffs complaint be dismissed for lack of subject matter jurisdiction pursüant Fed.R.Civ.P. 12(b)(1).”
“ORDERED that plaintiffs motion for summary judgment on Counts I and III of the complaint is denied.”
“The court will enter an order granting CSC’s motion for summary judgment.”
“For the foregoing reasons, the court finds that there is no personal jurisdiction over defendants, and the ease is dismissed.”
“this court must grant respondent’s motion to dismiss the petition to quash the third party summons for want of jurisdiction.”
“ORDERED, that the May 11, 1992 ruling of the Magistrate-Judge is affirmed in its entirety.”
“For the foregoing reasons, the court will grant defendants’ motion for summary judgment as to Counts Six, Eight and Ten.”
Caseload & timing
From public federal docket records for this judge.
The twenty oldest located exact-name assignments were all terminated matters filed from 1984 through 1987. They included patent, contract, civil-rights, environmental, Social Security, personal-injury, insurance, and government cases. This historical slice is not the judge's full district docket.
A historical record
Judge Barry 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.