Richard J. Sullivan
How Judge Sullivan rules, drawn from 47 signed orders. Every observation links to the order it came from.
How Judge Sullivan decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He requires a clear statutory statement before treating a filing deadline as jurisdictional. Once a limitations period is classified as a claim-processing rule, equitable tolling is presumptively available unless Congress expressly forecloses it.
“For all these reasons, we hold that section 6213(a) is – quite clearly – a nonjurisdictional, claim-processing rule.”
Routine arm's-length services do not by themselves establish participation in a statutory venture. A complaint must allege conduct showing that the service provider had a purpose or interest in advancing the venture, not merely that it earned fees while serving a customer.
“participation in a venture therefore requires more than providing financial services at arm’s length.”
After agency deference ended, he independently identified the best reading of the immigration statute by requiring both constitutionally adequate criminal process and exposure to a criminal sentence before treating a judgment as a conviction.
“we hold that, as relevant here, the term ‘conviction’ in section 1101(a)(48)(A) refers to a ‘formal judgment of guilt’ that (i) was reached at a criminal proceeding in which the accused was provided the minimum constitutional protections required to impose a criminal penalty and (ii) subjected the accused to a criminal sentence.”
Procedural preferences
A final judgment in a multi-party or counterclaim action must identify every party and the relief awarded, and it must be complete without consulting another document. Omitting unresolved prejudgment interest can postpone finality and the start of the post-judgment motion period.
“a final judgment entered in a multi-party action or any action involving claims and counterclaims must describe the parties and the relief to which each and every party is entitled, and must also be self-contained and complete, such that it can stand alone without reference to any other document.”
When a proposed aggravating factor presents a risk of juror confusion but remains legally permissible, he favors a tailored limiting instruction over removing the factor entirely.
“the way for the district court to cure that problem is by issuing a limiting instruction – not striking the entire aggravator.”
A denied motion to add a claim can preclude a later suit on that claim when the denial rested on substantive considerations and the plaintiff could have appealed it rather than starting over.
“Accordingly, because the new suit was barred by the old judgment, we AFFIRM the judgment of the district court.”
In a sentencing dissent, he applied the stringent plain-error standard and would have deferred to the district court's explanation rather than infer an impermissible punishment for noncooperation.
“Because the district court did not plainly err in sentencing Bagley above the advisory Sentencing Guidelines”
Cautions
Alternative service cannot be used to bypass an applicable international service treaty. For defendants in China, email service does not satisfy the Hague Service Convention, and speed or enforcement difficulty does not excuse failure to attempt treaty-compliant service.
“the Hague Service Convention does not permit email service on the China-based defendants.”
In a separate writing, he would not add general procedural-due-process balancing to the warrant process because the Fourth Amendment supplies the governing protections for criminal searches.
“Where search warrants are involved, there can be no doubt that the only ‘process that is due’ is supplied by the Fourth Amendment.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, we DISMISS this appeal as moot.”
“Accordingly, we AFFIRM the judgment of the district court.”
“Applying de novo review here, we conclude that the district court did not err in denying Clark's motion to proceed pro se. Accordingly, we AFFIRM the orders of the district court.”
“Accordingly, we REVERSE the judgment of the Tax Court and REMAND for consideration of whether Petitioners are entitled to equitable tolling.”
“Now guided by the New York Court of Appeals's decision that Article 52 of the CPLR is a judgment debtor's exclusive avenue for relief from a procedurally defective execution and levy, we AFFIRM the district courts' judgments dismissing Plaintiffs' actions.”
“We hold that Plaintiffs are not entitled to bring suit under Argentine law and that nothing in Rule 17 can be read to alter that result. Accordingly, we AFFIRM the judgment of the district court.”
“Accordingly, we REVERSE the order of the district court granting summary judgment in favor of Kasiotis and the class and REMAND the case with instructions to dismiss the unjust enrichment claim.”
“Accordingly, for the reasons set forth below, we VACATE the district court's judgment with instructions to remand to the bankruptcy court to consider whether appellate fees ought to be awarded.”
“we reserve decision on this appeal in order to CERTIFY the following question to the New York Court of Appeals: whether New York law requires a specific promise to provide exclusively in-person learning as a prerequisite to the formation of an implied contract between a university and its students with respect to tuition payments.”
“Accordingly, we REVERSE the orders of the district court and REMAND with instructions to dismiss Relator's section 1320a-7b(a)(4)-based claims.”
“Accordingly, the judgment of the district court is REVERSED as to the Section 1692g claim and VACATED as to the Section 1692e claim. The case is REMANDED to the district court for further proceedings consistent with this Opinion.”
“Finally, Doherty has forfeited any claims for other damages. Accordingly, we AFFIRM the judgment of the district court.”
Draft for Judge Sullivan with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Sullivan, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Sullivan's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace