Daniel Mortimer Friedman
How Judge Friedman rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Friedman no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Friedman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Friedman confined review to the rationale actually adopted by the agency rather than a new appellate theory.
“We decline to consider counsel’s newly-minted theory as an alternative ground for upholding the agency’s decision.”
He enforced contractual cost limits when the record showed neither inducement nor waiver by the government.
“The Board correctly held that the government had not waived the cost provision.”
Procedural preferences
Friedman required a nonfrivolous factual dispute before ordering an evidentiary hearing on administrative jurisdiction.
“Pervez has not raised any ‘non-frivolous issues of fact relating to jurisdiction’ that require a hearing for their resolution.”
He remanded when an administrative opinion did not adequately disclose the rationale needed for judicial review.
“In short, we cannot approve the Board’s decision on the basis of its opinion.”
Cautions
Friedman disfavored attempts to revive a dismissed case through a legal theory that could have been raised earlier.
“They do not point to any newly discovered evidence or new legal developments.”
He treated statutory eligibility deadlines for federal payments as binding on both agencies and courts.
“Neither courts nor administrative agencies, however, have the authority to waive requirements (including filing deadlines) that Congress has imposed as a condition to the payment of federal money.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The case is partially remanded to the district court, for that court to state:”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Friedman 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.