John Mercer Walker Jr.
How Judge Walker rules, drawn from 16 signed orders. Every observation links to the order it came from.
Judge Walker left this court for the U.S. Court of Appeals for the Second Circuit. This profile is preserved as a historical record of how they ruled here.
About Judge Walker
John Mercer Walker, Jr. was a judge of the United States District Court for the Southern District of New York. Appointed by President Ronald Reagan, Judge Walker received a commission on July 22, 1985. Judge Walker left the court on December 19, 1989 on appointment to the United States Court of Appeals for the Second Circuit.
How Judge Walker decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Kuntal, S.A. v. Bank of New York, Walker held that the issuing bank's unexplained nine-day delay after examining shipping documents waived its objection to discrepancies in the letter of credit.
“In the absence of any persuasive and reasonable justification for the Bank’s 9 day delay following its examination of the documents, this Court concludes that the delay waived the issuing bank’s right to object to discrepancies between the LC and the relevant shipping documents.”
He enforced heightened fraud pleading by requiring substance and particularity rather than a longer complaint that merely repeated general allegations.
“the mere addition of paragraphs to a complaint, or pages to a memorandum, are no substitute for what Rule 9(b) and this Court require.”
Procedural preferences
He treated a reargument motion that merely repeated resolved arguments as a burden on both the opposing party and the court, and imposed Rule 11 sanctions.
“Plaintiff should not have to bear the burden of defending Peoples’ wholly vexatious motion to reargue, and the Court should not be burdened by such motions while meritorious matters await the Court’s attention.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, the Court grants plaintiff’s motion for summary judgment.”
“Defendant’s motion for summary judgment is granted.”
“Defendant’s motion for sanctions is denied.”
“Plaintiff’s motion for partial summary judgment is denied.”
“are disqualified from acting as counsel to Two’s Company for the duration of this lawsuit.”
“Both parties’ motions for Rule 11 sanctions are denied.”
“Atlantic’s motion for summary judgment dismissing the complaint is granted.”
“Plaintiffs’ motion for summary judgment under the Water Pollution Control Act is granted.”
“Plaintiff’s motion for partial summary judgment striking defendants’ defense of limited liability is granted.”
“Defendants’ motion for partial summary judgment limiting defendants’ liability to $453.50 is denied.”
“Defendants’ motion for summary judgment on the ground that the paintings were not baggage is denied.”
“Accordingly, defendant’s motion for rear-gument and permission to take an interlocutory appeal are denied.”
“Plaintiff’s request for the imposition of Rule 11 sanctions is granted.”
“Frederick Music’s motion for summary judgment and for an accounting is granted”
“SFM’s cross-motion for summary judgment is denied.”
“Accordingly, sanctions are imposed against defense counsel in an amount equal to the costs and reasonable attorneys’ fees incurred in answering defendant’s counterclaim.”
“For the reasons set forth above, the Court dismisses the Amended Complaint pursuant to Fed.R.Civ.P. 12(b)(1), 12(b)(6) and 9(b). The Court also grants plaintiffs leave to replead within twenty days.”
“For the reasons stated below, the Court grants the motions in part and denies them in part. ... Because the Court has concluded not to dismiss the pendant claims, the seventh count of the amended complaint is not dismissed.”
“Accordingly, this Court grants Union-Appointed Trustee’s motion to vacate the Award”
A historical record
Judge Walker left this court for the U.S. Court of Appeals for the Second Circuit. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.