Nicole Gina Berner
How Judge Berner rules, drawn from 35 signed orders. Every observation links to the order it came from.
About Judge Berner
Nicole Gina Berner is a judge of the United States Court of Appeals for the Fourth Circuit. Appointed by President Joseph R. Biden, Judge Berner received a commission on March 19, 2024.
Judge Berner's practices and standing orders
The court's website lists no individual practices or standing orders of Judge Berner's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 11, 2026).
How Judge Berner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Gowen's prison due process appeal, she treated his verified complaint based on personal knowledge as evidence at summary judgment.
“A verified complaint ‘based on personal knowledge’ must be treated as ‘the equivalent of an opposing affidavit for summary judgment purposes.’”
In Louise Trauma Center's records suit, she held that the agency's missed response deadline allowed the requester to sue under the constructive exhaustion rule.
“A critical part of that mechanism is the right to sue when an agency fails to respond to a FOIA request within the designated time limit.”
In a dispute over sealed video exhibits, she held that Loveridge had not justified continued sealing and directed the district court to unseal them.
“Loveridge bore the burden to demonstrate why her right to a fair trial justifies maintaining the seal on the video exhibits and to show why the sealing order is narrowly tailored to serve that interest.”
In Cook's Chapter 13 appeal, she affirmed the bankruptcy court's lack-of-good-faith finding because inaccuracies in sworn documents and shifting expense explanations supported it.
“These reasons suffice to support the bankruptcy court’s finding that Cook did not submit his plan in good faith.”
In Moore v. State of Maryland, Berner held that disclosure of a chain-of-custody report during trial violated Brady because it came too late for counsel to assess its effect on the defense.
“We therefore hold that the State’s mid-trial disclosure of the ECU report constituted ‘suppression’ for purposes of Brady.”
Cautions
In Wannamaker-Amos's employment discrimination appeal, she rejected a proposed requirement that the plaintiff speculate about the employer's subjective motive to survive summary judgment.
“No such rule exists in our caselaw, and we decline to adopt one here.”
In First Kuwaiti's arbitration dispute, she held that its motion to vacate the award was untimely and affirmed confirmation of the award.
“First Kuwaiti’s motion to vacate was not timely filed.”
In PACEM's suit against the Small Business Administration, she held that a request for a retrospective declaration of past wrongfulness did not establish a present claim for declaratory relief.
“a plaintiff must be seeking more than a retrospective opinion that he was wrongly harmed by the defendant.”
In Andrews, she held that locating a phone with a cell-site simulator was a Fourth Amendment search, while affirming judgment for the officers because the relevant right was not clearly established at the time.
“We conclude, however, that the detectives are entitled to qualified immunity and state law public official immunity”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Reversed in part, vacated in part, and remanded by published opinion.”
“Affirmed in part, vacated in part, and remanded with instructions by published opinion.”
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