How Judge Berner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
At summary judgment, she treats a verified pro se complaint based on personal knowledge as evidence equivalent to an opposing affidavit.
“A verified complaint “based on personal knowledge” must be treated as “the equivalent of an opposing affidavit for summary judgment purposes.””
Cautions
She rejects requiring an employment-discrimination plaintiff to speculate about an employer's subjective motive in order to survive summary judgment.
“No such rule exists in our caselaw, and we decline to adopt one here.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
Carmen Wannamaker-Amos v. Purem Novi, Inc.
· 2025-01-13
Appeal (appellant)
Granted
“Vacated and remanded by published opinion.”
Jason Gowen v. Gerald Winfield
· 2025-03-04
Appeal (appellant)
Granted
“Reversed in part, vacated in part, and remanded by published opinion.”
First Kuwaiti General Trading & Contracting W.L.L. v. Kellogg Brown & Root International, Incorporated
· 2025-06-17
Appeal (appellant)
Denied
“Affirmed by published opinion.”
United States v. Stephen Simmons
· 2025-07-07
Appeal (appellant)
Granted
“Vacated and remanded by published opinion.”
Lynne Kritter v. Brent Mooring
· 2025-07-08
Appeal (appellant)
Granted
“Vacated and remanded by published opinion.”
Columbia Gas Transmission, LLC v. RDFS, LLC
· 2025-07-29
Appeal (appellant)
Denied
“Affirmed by published opinion.”
PACEM Solutions International, LLC v. U. S. Small Business Administration
· 2025-08-04
Appeal (appellant)
Denied
“Affirmed by published opinion.”
United States v. Thomas Faulls, Sr.
· 2025-08-05
Appeal (appellant)
Denied
“Affirmed by published opinion.”
United States v. Lawrence Florentine
· 2025-08-07
Appeal (appellant)
Granted
“Reversed and remanded by published opinion.”
Louise Trauma Center LLC v. USCIS
· 2025-08-14
Appeal (appellant)
Granted
“Reversed by published opinion.”
United States v. MICFO, LLC
· 2025-08-22
Appeal (appellant)
Denied
“Affirmed by published opinion.”
Gray Media Group, Inc. v. Heather Loveridge
· 2025-09-19
Appeal (appellant)
Granted in part
“Affirmed in part, vacated in part, and remanded with instructions by published opinion.”
Put Judge Berner's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Berner actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Berner's own signed orders and cites them.