Naomi Reice Buchwald
How Judge Buchwald decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a securities-fraud class action she will sustain a complaint at the pleading stage where scienter and loss causation are adequately alleged under the PSLRA, declining to resolve the merits on a Rule 12(b)(6) motion. A defendant should not expect an early dismissal where the complaint pleads particularized facts of fraud.
“For the foregoing reasons, defendants' motions to dismiss the complaint are denied.”
Buchwald enforces clear liability waivers in membership agreements where the signer repeatedly acknowledged the terms and alleges no deceptive language or high-pressure tactics. A disparity in bargaining power or a take-it-or-leave-it choice, standing alone, did not make the WTA waivers unconscionable or adhesive.
“However, that alone does not render the contract unconscionable.”
Procedural preferences
She decides combined Rule 12(b)(6) / Rule 56 motions claim-by-claim rather than wholesale, and will honor a non-movant's Rule 56(f) request to defer summary judgment on claims where discovery has not yet been taken -- granting on the legally deficient counts while letting the fact-dependent counts proceed to discovery.
“However, defendants have not made an argument for preemption, and given the absence of any discovery and therefore our limited information with respect to the terms of the contracts at issue, we decline to address the issue of preemption at this time.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, defendants' motions to dismiss the complaint are denied.”
“For the foregoing reasons, defendant's motion to dismiss is granted in part and denied in part.”
“Defendants have moved to dismiss the Amended Complaint for failure to state a claim. For the following reasons, defendants' motion is granted in part and denied in part.”
“For the reasons set forth above, (1) Citi's motion seeking to hold HCM jointly and severally liable for any judgment awarded against CDO Fund is denied; (2) Highland's motion to dismiss HCM is granted; and (3) Citi's motion seeking to hold CDO Fund liable on Citi's counterclaims is granted.”
“For the reasons stated above, TOPS' motion for summary judgment is granted as to Charley's hostile work environment claim brought pursuant to Section 1981, and the remaining claims are dismissed without prejudice.”
“For the reasons stated above, defendants' motion to dismiss is granted as to Counts Two, Five (as to defendant Foster), and Seven and denied as to Counts One and Six.”
“Asia TV's motion is granted in part and denied in part and ZEEL's motion is granted in part and denied in part. The following Counts are dismissed: Seven, Eight, Ten, Fifteen, Eighteen, and Nineteen. Paragraphs 37 through 39 of the complaint are to be stricken. Plaintiff should file an amended complaint consistent with this Memorandum and Order within two weeks.”
“For the foregoing reasons, plaintiff's motion for summary judgment is granted in part and denied in part. The parties are directed to submit a joint letter on or before July 11, 2016, summarizing the status of the case and the progress of their discovery on the issue of damages.”
“For the above reasons, defendants' motions to dismiss are granted. This Memorandum and Order resolves Docket Nos. 34 and 37, and the Clerk of the Court is directed to dismiss the action.”
“For the foregoing reasons, defendants' motion to dismiss is granted. This Memorandum and Order resolves Docket No. 31, and the Clerk of the Court is directed to dismiss the action.”
“For the foregoing reasons, plaintiff's motion for a preliminary injunction is denied.”
“For the foregoing reasons, the defendants' motion is granted in part and denied in part. Plaintiffs' claims for injunctive and declaratory relief related to the prevailing wage charges and funds withheld as a result of those charges are dismissed. The remainder of the claims are stayed pending the conclusion of the Article 78 proceeding and any subsequent appeal.”
Caseload & timing
From public federal docket records for this judge.
As a senior judge (since 2012) she carries a reduced but varied docket. The visible terminated/recent slice spans securities and commodities suits (several short-lived stockholder actions consolidated under a lead-plaintiff order), bankruptcy appeals, commercial-contract and insurance-coverage disputes, and -- in the 2021-2022 COVID era -- a cluster of New York City employee vaccine-mandate civil-rights cases. Reflects a sampled slice, not a tenure-wide caseload.
Put Judge Buchwald's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Buchwald actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Buchwald's own signed orders and cites them.