John M. Walker Jr.
How Judge Walker rules, drawn from 47 signed orders. Every observation links to the order it came from.
How Judge Walker decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He infers statutory scope from both the enacted language and the omission of a limitation that appears nowhere in the provision.
“The absence of a timeliness distinction in § 726(a)(1) strongly suggests that this subsection encompasses all priority claims whenever filed.”
Even under heightened securities pleading rules, he rejects an interpretation that makes particularized pleading effectively impossible or imposes burdens beyond the governing statute and precedent.
“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.”
At the pleading stage, he requires factual allegations that plausibly state a legal violation rather than a recitation of legal conclusions.
“We hold that Drimal’s complaint in its present form does not plausibly state a claim because it recites only legal conclusions.”
Procedural preferences
For release pending sentencing after a crime-of-violence conviction, he does not treat ordinary personal circumstances as the exceptional reasons the statute requires.
“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.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“As we find taxpayers' other arguments to be without merit, the decision and order of the Tax Court is affirmed in all respects.”
“Affirmed.”
“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.”
“We reverse the judgment of the district court and remand for further proceedings.”
“The judgment of the district court is affirmed.”
“Affirmed.”
“The district court correctly concluded that this antitrust claim cannot survive summary judgment.”
“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.”
“For the foregoing reasons, we affirm the judgment of the district court.”
“For the foregoing reasons, we affirm the judgment of the district court.”
“We affirm in part, and vacate and remand in part.”
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