Bernard Weisberg
Judge Weisberg no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Weisberg decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the tax-refund case, he treated a second submission of the same rejected claim as insufficient to restart the statutory filing period.
“Resubmitting a rejected claim does not give a taxpayer a new limitations period in which to file suit.”
In the retaining-lien dispute, he favored access for third-party discovery while preserving conditions protecting the fee dispute.
“we must balance the firm’s right to withhold production of the Stone documents by virtue of their attorneys’ lien against policies favoring unencumbered discovery proceedings and the equitable administration of justice.”
Procedural preferences
He declined to accelerate one housing-discrimination trial when doing so risked duplicating a central issue in related litigation.
“A separate and potentially inconclusive trial would not be conducive to expedition or economy nor would it serve the interests of convenience.”
When witness accounts could not be fully credited, he expressly based a suppression recommendation on the relative probabilities supported by the record.
“This recommended decision is based on the probabilities that events did or did not happen as described, without attempting to resolve each conflict in the testimony”
Cautions
In a recommendation later rejected on mandamus, he would have kept counsel in a civil case where the firm could avoid known false subjects and withdrawal would likely leave the client unrepresented.
“Magistrate Weisberg recommended that the court deny the motion, because the firm could not know that the client would testify falsely in all respects”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Summary judgment will be entered in favor of the United States dismissing this action.”
“motion to compel is denied.”
“Edwards’ motion is denied, because, as more fully explained above, the legality of the Atrium Village quota system, a central issue in her case and the United States case, should not be addressed until it is ready for decision in the United States case.”
“Purchaser’s motion to compel is denied as to Documents 36, 42 and 45.”
“Magistrate Bernard Weisberg who recommended against summary judgment and that we remand to the Secretary for a new determination of Tepper’s residual functional capacity prior to April 27,1983.”
“Magistrate Bernard Weisberg’s report and recommendation that the Court deny defendant’s motion to dismiss on the basis of the statute of limitations.”
“His Further Report and Recommendation, dated May 2, 1991, again urged that we grant Robinson’s motion to suppress.”
“On April 2, 1991, Magistrate Judge Weisberg denied the government’s motion for reconsideration.”
“It is recommended that plaintiffs’ motion for summary judgment be granted in part as follows:”
“in which he recommended that the motion to suppress be granted.”
“both defendants moved to suppress the seized cocaine, as well as any statements made after the cocaine was seized. We referred these motions to Magistrate Bernard Weisberg, who, after conducting a suppression hearing and supplemental hearing, recommended that they be granted.”
“Magistrate Weisberg held that this new argument was waived and, treating the motion as one addressed to his discretion, denied the request for reconsideration on December 2, 1988”
“The report recommended this Court grant plaintiff’s, Equal Employment Opportunity Commission’s (‘EEOC’s’), motion for summary judgment.”
“Defendant’s cross motion for summary judgment is denied;”
“Magistrate Weisberg accepted this argument and granted plaintiffs’ motion to compel on March 11, 1987.”
“Magistrate Weisberg then informed Knight that he believed the affidavit of DEA Agent Morley did not establish probable cause and denied the application for a warrant”
Caseload & timing
From public federal docket records for this judge.
The exact-name search returned two terminated patent matters that had been filed before Weisberg's appointment and later reopened during his service. Neither retained docket entries, so the sample does not support a career-wide caseload, duration, motion-outcome, or timing claim.
A historical record
Judge Weisberg 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.