Ralph Zarefsky
Judge Zarefsky no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Zarefsky decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On Social Security 42 U.S.C. 406(b) attorney-fee motions Zarefsky applies Gisbrecht's causation analysis and reduces a windfall fee where the large past-due-benefits award accrued from the agency's delay rather than counsel's in-court work.
“Plaintiff seeks a fee of $49,300.00 from past due benefits. The Court finds that this is not a reasonable fee. The Court finds that a reasonable fee would be $33,113.98, and awards this sum from past due benefits, subject to the offset provisions of the Equal Access to Justice Act.”
Cautions
On a post-verdict motion for terminating discovery sanctions he denies relief, reasoning that Rule 37 is a pretrial device that fits poorly after a tried and appellate-affirmed verdict and that Rule 60(b)(6) with the law-of-the-case and mandate doctrines requires an extraordinary showing of manifest injustice.
“This matter came before the Court on February 6, 2012, on the motion of Defendant Artemis S.A. for sanctions that would terminate this action. ... The Court has reviewed thoroughly the voluminous submissions from the parties and, being fully advised, now denies the motion.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“This matter came before the Court on February 6, 2012, on the motion of Defendant Artemis S.A. for sanctions that would terminate this action. ... The Court has reviewed thoroughly the voluminous submissions from the parties and, being fully advised, now denies the motion.”
“Plaintiff seeks a fee of $49,300.00 from past due benefits. The Court finds that this is not a reasonable fee. The Court finds that a reasonable fee would be $33,113.98, and awards this sum from past due benefits, subject to the offset provisions of the Equal Access to Justice Act.”
“Plaintiffs motion therefore is granted to the extent of the previously-awarded $9,750. Otherwise, the motion is Denied.”
“The applicant's motion is denied.”
A historical record
Judge Zarefsky no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.