John M. Walker Jr.

How Judge Walker rules, drawn from 58 signed orders. Every observation links to the order it came from.

Court
U.S. Court of Appeals for the Second Circuit
Position
Circuit judge
Status
Senior status
Appointed by
George H. W. Bush (Republican)
Commissioned
November 27, 1989
Education
Yale University (B.A., 1962); University of Michigan Law School (J.D., 1966)
Signed orders read
58

About Judge Walker

John Mercer Walker, Jr. is a judge of the United States Court of Appeals for the Second Circuit. Appointed by President George H.W. Bush, Judge Walker received a commission on November 27, 1989. Judge Walker previously served on the United States District Court for the Southern District of New York, commissioned there on July 22, 1985. Judge Walker assumed senior status on September 30, 2006.

Judge Walker's practices and standing orders

The court's website lists no individual practices or standing orders of Judge Walker's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).

How Judge Walker decides

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

What persuades

In United States v. Vecchio, he read § 726(a)(1) to cover all priority claims whenever filed because it contains no timeliness distinction.

“The absence of a timeliness distinction in § 726(a)(1) strongly suggests that this subsection encompasses all priority claims whenever filed.”

In Novak v. Kasaks, he found that the district court had imposed an excessively onerous particularity burden under the securities pleading rules.

“In light of Second Circuit precedent and the provisions of the Private Securities Litigation Reform Act (‘PSLRA’), we hold that the district court erred in: (1) concluding that the plaintiffs had failed to plead sufficient facts to support a strong inference of fraudulent intent; and (2) imposing an exceedingly onerous burden on the plaintiffs with respect to their obligation to plead facts with particularity.”

In Drimal v. Tai, he held that a complaint reciting only legal conclusions did not plausibly state a claim.

“We hold that Drimal’s complaint in its present form does not plausibly state a claim because it recites only legal conclusions.”

Procedural preferences

In United States v. Lea, he found that the circumstances offered for release pending sentencing after a crime-of-violence conviction did not approach the statutory threshold of exceptional reasons.

“But the circumstances in this case do not approach being ‘exceptional.’”

He respects broad fee-award discretion but withholds deference when the reduction rests on an erroneous legal premise.

“Although we respect the district court’s ample discretion to reduce a fee award, deference is not warranted when the reduction rests on an erroneous premise.”

In Hoffer, the panel held that an adverse inference under Rule 37(e)(2) required proof by a preponderance that the opposing party intended to deprive the movant of the missing electronic evidence. It affirmed the denial of the requested instruction on the record there.

“We hold that to impose sanctions pursuant to Rule 37(e)(2), a district court or a jury must find, by a preponderance of the evidence, that a party acted with an ‘intent to deprive’ another party of the lost information.”

Signed rulings

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

Correa v. Thornburgh
89-2032 · 1990-04-20
Appeal (appellant (petitioner Alba Nubia Correa)) Denied

“Judgment affirmed.”

Stenclik v. Commissioner of Internal Revenue
89-4162 · 1990-06-26
Appeal (appellant (taxpayers Richard and Dolores Stenclik)) Denied

“As we find taxpayers' other arguments to be without merit, the decision and order of the Tax Court is affirmed in all respects.”

DiBlasio v. Keane
90-2455 · 1991-05-09
Appeal (appellant (the Kings County District Attorney / the State)) Denied

“Affirmed.”

United States v. Grandia
93-1394 · 1994-03-09
Appeal (appellant (defendant John Grandia)) Denied

“Because we find from the surrounding circumstances and events following the plea allocution that the defendant entered a voluntary guilty plea, we affirm defendant's conviction and sentence.”

United States v. Vecchio (In re Vecchio)
93-5028 · 1994-04-05
Appeal (appellant (the United States / Internal Revenue Service)) Granted

“We reverse the judgment of the district court and remand for further proceedings.”

Wall Street Associates, L.P. v. Becker Paribas Inc.
93-7566 · 1994-06-28
Appeal (appellants (defendants Becker Paribas, Merrill Lynch, Wise, and Friedman)) Denied

“The judgment of the district court is affirmed.”

680 Fifth Avenue Associates v. Mutual Benefit Life Insurance
94-5013 · 1994-07-12
Appeal (appellants (debtors 680 Fifth Avenue Associates and 54th and Fifth Land Partners)) Denied

“Affirmed.”

Maric v. St. Agnes Hospital Corp.
94-7569 · 1995-09-13
Appeal (appellant (plaintiff Dr. Radoslav Maric)) Denied

“The district court correctly concluded that this antitrust claim cannot survive summary judgment.”

Weldon v. United States
95-6041 · 1995-11-03
Appeal (appellant (plaintiff Irene Weldon)) Denied

“We affirm for substantially the reasons set forth in Judge Munson's thoughtful opinion, Weldon II, 845 F.Supp. 72, and write principally to address the question of jurisdiction.”

Diaz v. Senkowski
94-2652 · 1996-02-02
Appeal (appellant (petitioner David Diaz)) Denied

“For the foregoing reasons, we affirm the judgment of the district court.”

Pocchia v. NYNEX Corp.
95-7726 · 1996-04-09
Appeal (appellant (plaintiff Anthony J. Pocchia)) Denied

“For the foregoing reasons, we affirm the judgment of the district court.”

Glinka v. Bank of Vermont (In re Kelton Motors, Inc.)
95-5074 · 1996-09-25
Appeal (appellant (trustee Gleb Glinka)) Granted in part

“We affirm in part, and vacate and remand in part.”

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