Andrew E. Krause
How Judge Krause rules, drawn from 7 signed orders. Every observation links to the order it came from.
How Judge Krause decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Social Security review, Krause required vocational-expert evidence or a sufficiently detailed explanation when non-exertional limitations could affect the occupational base.
“remand is necessary here so that the ALJ can obtain testimony from a vocational expert and/or provide a more detailed explanation for why Plaintiff's non-exertional impairments do not affect his ability to perform sedentary work.”
For a post-judgment turnover order, he required proof that the judgment debtor had an interest in the property and was entitled to possession, then ordered the garnishee bank to turn over the funds.
“Plaintiffs have demonstrated their entitlement to the issuance of a turnover order pursuant to CPLR § 5225(b).”
Procedural preferences
In one wage-and-hour settlement, Krause required the parties to revise provisions in their first proposal before he approved the agreement and checked the requested fees against counsel's lodestar.
“certain provisions of the proposed settlement agreement needed to be revised.”
In Social Security fee applications, Krause compared the requested Section 406(b) award with effective hourly rates approved in circuit precedent and required counsel to refund the earlier EAJA payment to the claimant.
“Upon receipt of the award addressed in this Decision and Order, Mr. Olinsky is directed to promptly refund to Plaintiff $5,270.55, which represents the full amount EAJA fees that counsel previously received.”
Cautions
In a premises-liability case, unsupported speculation about how long a spill existed did not create constructive notice where the evidence did not connect the substance to the nearby products.
“The Court is not persuaded, particularly in light of the unchallenged testimony that whatever substance had spilled to the floor, it did not come from the haircare products in the photographs.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff's motion for judgment on the pleadings (ECF No. 23) is GRANTED”
“the Commissioner's motion for judgment on the pleadings (ECF No. 25) is DENIED”
“Plaintiff's motion for judgment on the pleadings (ECF No. 27) is DENIED”
“the Commissioner's cross-motion for judgment on the pleadings (ECF No. 29) is GRANTED”
“Defendant's motion for summary judgment (ECF No. 17) is GRANTED.”
“Plaintiff's motion for partial summary judgment (ECF No. 26) is GRANTED IN PART and DENIED IN PART”
“Defendant's motion for summary judgment (ECF No. 33) is GRANTED IN PART and DENIED IN PART.”
“Plaintiffs' motion for a turnover order pursuant to Rule 69(a) and CPLR § 5225(b) (ECF No. 105) is GRANTED.”
“Plaintiff's motion for attorney's fees (ECF No. 31) is GRANTED, and Mr. Olinsky is awarded $15,726.68”
“For the reasons that follow, the Court APPROVES the proposed settlement agreement.”
Caseload & timing
From public federal docket records for this judge.
The sample includes two Social Security appeals, two wage-and-hour matters, and one matter each involving personal injury, civil rights and vehicle-seizure procedure, employee benefits, a Federal Tort Claims Act claim, and attorney fees after Social Security remand.
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