Malcolm Muir

United States District Court for the Middle District of Pennsylvania district Deceased · served 1970–2011 Appointed by Richard M. Nixon (Republican) 20 signed orders read

Judge Muir no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Muir decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Muir gave substantial deference to labor arbitration when the award could be traced to the agreement and ordinary contract doctrines such as waiver and estoppel.

“The arbitrator’s application of those principles is not a basis to overturn her award.”

In prolonged immigration detention, he focused on concrete progress toward removal and granted relief when governmental coordination produced no meaningful development.

“We are of the view that the events discussed in the Respondents’ most recent brief establish the lack of meaningful progress towards removing Elashi.”

Procedural preferences

He required the class representative to prove actual typicality rather than relying on a generalized common grievance.

“We may not presume that the prerequisites of Rule 23(a) have been met.”

Cautions

For trust-fund tax liability, he treated payment of other creditors after learning taxes were unpaid as willfulness despite the responsible person's stated intentions.

“Her intentions notwithstanding, Michele S. Tedesco’s actions meet the definition of a willful failure to collect, account for or pay over the withheld taxes.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United Steelworkers v. North Star Steel Co.
· 1992-04-09
Summary judgment (United Steelworkers of America) Granted

“The United Steelworkers of America’s motion for summary judgment is granted.”

United States v. Dwyer
· 1987-03-05
Post trial motion to vacate verdict and dismiss (defendant) Denied

“The motion filed January 27, 1987, requesting ‘... an Order dismissing R. Budd Dwyer’s post-trial motions, vacating the verdict returned against R. Budd Dwyer, and dismissing the indictment filed May 13, 1986, as to R. Budd Dwyer’ is denied.”

McFadden v. Lehman
· 1997-05-23
Motion for appointment of counsel (plaintiff) Moot / procedural

“Plaintiffs motion for appointment of counsel (Document 2 of the record) is denied as moot.”

Brumfield v. Sanders
· 1999-05-27
Appeal of magistrate order (plaintiff) Denied

“Magistrate Judge. Blewitt’s order authorizing substitution is affirmed.”

Arrest the Incinerator Remediation (A.I.R.), Inc. v. OHM Remediation Services Corp.
· 1998-04-14
Motion for temporary restraining order (plaintiff) Denied

“we denied Plaintiffs motion for a temporary restraining order”

Motion to intervene (Environmental Protection Agency) Granted

“the Environmental Protection Agency’s motion to intervene as a defendant was orally granted.”

Motions to dismiss (Environmental Protection Agency) Granted

“The Environmental Protection Agency’s motion to dismiss (Doc. -.24). is granted.”

Motions to dismiss (OHM Remediation Services Corporation) Granted

“OHM’s motion to dismiss (Doc. 26) is granted.”

RUTGERS ORGANIC v. United Steelworkers of America
· 2002-04-12
Summary judgment (unions) Granted

“The Unions’ motion for summary judgment (Document 18) is granted.”

Summary judgment (Rutgers Organic Corporation) Denied

“Rutgers’ motion for summary judgment (Document 22) is denied.”

Hackenburg v. Zukowski
· 1991-01-07
Summary judgment (defendants) Granted

“The summary judgment motion filed on October 1, 1990, by the Defendants is granted.”

United States v. O'Driscoll
· 2001-12-18
Motion to bifurcate (defendant) Denied

“O’Driscoll’s motion entitled ‘Motion to Bifurcate Trial, Summoning and Empaneling a Second Jury Only In the Event of Conviction of First-Degree Murder’ (Doc. 32) is denied.”

United States v. O'Driscoll
· 2002-10-18
Motion to dismiss aggravating factors (defendant) Moot / procedural

“O’Driscoll’s motion entitled ‘Motion, In Light of the Government’s Failure to Comply with 18 U.S.C. § 3432, to Dismiss the Aggravating Factors Set Forth in the Superceding (sic) Indictment and in the Government’s Supplemental Notice of Aggravating Factors’ (Doc. 339) is denied as moot.”

United States v. Parlavecchio
· 2002-03-01
Motion for return of property (Maria Parlavecchio) Denied

“The motion entitled ‘Motion for Return of Property Pursuant to Fed. R.Crime. 41(e)’ (Doc. 83) filed by Maria Parlavecchio is denied.”

Gambino v. Gerlinski
· 2000-04-06
Habeas petition (petitioner) Denied

“Gambino’s petition for writ of habe-as corpus (Document 1) is denied.”

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Chamberlain
· 2001-06-08
Preliminary injunction (Merrill Lynch) Granted

“The motion of Merrill Lynch for a preliminary injunction filed on June 5, 2001, is granted.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 50.5 days (N = 10).

The twenty enumerated early-2000 cases included five prisoner civil-rights matters, four habeas petitions, two student-loan recoveries, two contracts, two prison-condition cases, and one each involving wage law, motor-vehicle injury, other personal liability, disability benefits, and employment civil rights. All twenty were terminated. This narrow cohort does not establish Muir's tenure-wide caseload mix.

A historical record

Judge Muir 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.