Terrence George Berg
How Judge Berg decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Enforces the statute of limitations rigorously at the pleading stage in antitrust cases: a plaintiff invoking equitable tolling must plead fraudulent concealment with specificity -- affirmative acts of concealment, not merely that the defendant later used information it lawfully obtained. Without that, time-barred Sherman Act (and dependent unjust-enrichment) claims are dismissed with prejudice.
“Plaintiffs’ Sherman Act claims could not be equitably tolled because there was no showing of fraudulent concealment, so too is Plaintiffs’ unjust enrichment claim barred. ... Accordingly, Plaintiffs’ unjust enrichment claim is DISMISSED WITH PREJUDICE as untimely.”
Like his mied colleagues, resolves many dispositive motions through the magistrate-judge R&R process; when no party objects he adopts the recommendation without independent record review (Thomas v. Arn). Make the substantive argument to the magistrate.
“Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. ... the Court will accept the Magistrate Judge’s Report and Recommendation as this Court’s findings of fact and conclusions of law.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants’ Motions to Dismiss, ECF Nos. 38, 40, are GRANTED. ... The First Amended Complaint is DISMISSED WITH PREJUDICE.”
“Defendants’ Motion to Transfer Venue, ECF No. 39, is DENIED.”
“Plaintiffs’ Motion to Certify Class, ECF No. 29, is DENIED AS MOOT.”
“Defendant City of Detroit’s Motion for Judgment on the Pleadings is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as it relates to ... Plaintiff’s Title VII religious discrimination and related hostile work environment claims for failure to exhaust administrative remedies. The motion is DENIED to the extent that it seeks dismissal of (1) Plaintiff’s ADA disability discrimination and related hostile work environment claims ...; and (2) Plaintiff’s federal claims as untimely.”
“Commissioner Andrew Saul’s motion for summary judgment (ECF No. 15) is GRANTED.”
“Plaintiff Terrance Frazier’s motion for summary judgment (ECF No. 13) is DENIED.”
“For the reasons stated on the Record during the January 31, 2021 Hearing, Defendants' Motion for Judgment on the Pleadings is GRANTED IN PART and DENIED IN PART.”
“For the reasons set forth above, Defendant's motion for summary judgment (Dkt. 11) is GRANTED and this case is DISMISSED WITH PREJUDICE.”
“Thus, Plaintiff's Motion to Remand (Dkt. 13) is DENIED.”
“Accordingly, Plaintiff's ELCRA claim is hereby DISMISSED WITH PREJUDICE, and Defendants' Motion to Dismiss (Dkt. 14) is GRANTED.”
“It is GRANTED as to Plaintiff's retaliation claim and DENIED as to Plaintiff's discrimination claim.”
“For the reasons explained above, the motions to exclude the opinions of Dr. Bradley L. Edgar (ECF No. 121), Edward Stockton (ECF Nos. 119/120), Steven Gaskin and Colin Weir (ECF No. 122), and Ryan Harrington (ECF Nos. 124/125) are DENIED.”
“For the reasons explained below, the motion will be GRANTED IN PART AND DENIED IN PART.”
“It is FURTHER ORDERED that the Plaintiff's Motion for Default Judgment (ECF No. 47) is DENIED.”
“For the reasons explained above, Defendants' Motion for Reconsideration is DENIED.”
“For the foregoing reasons, Defendant's motion to dismiss is DENIED. The case will proceed in the ordinary course.”
Caseload & timing
From public federal docket records for this judge.
The reviewed matters include False Claims Act, antitrust, employment-discrimination, Social Security, criminal, and civil-forfeiture cases. Warrant and miscellaneous duty matters are excluded from the merits mix. This is a descriptive sample, not a complete caseload count.
Put Judge Berg's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Berg actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Berg's own signed orders and cites them.