Richard M. Berman
How Judge Berman rules, drawn from 16 signed orders. Every observation links to the order it came from.
How Judge Berman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He treats concrete, irreversible constitutional injury as a strong basis for interim relief when damages would be unavailable.
“Without an injunction, Plaintiff would not only be forced into an unconstitutional proceeding, but would be unable to recover monetary damages from this harm as the SEC possesses sovereign immunity.”
Procedural preferences
He expects parties to comply precisely and promptly with disclosure orders and is openly skeptical of unexplained delay or strained readings of prior directives.
“The Government needs to come into compliance with the Court's directive.”
Cautions
Fee applications should rely on evidence tailored to the district and counsel's experience; generic internet estimates receive no weight.
“There is no indication of how this rate was derived, it is not specific to this district, it is not limited to federal litigation, and it does not take into account attorney experience.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“It is hereby ORDERED that Defendant, the U.S. Securities and Exchange Commission, is preliminarily enjoined from in any way further pursuing the pending administrative proceeding against Plaintiff”
“For the foregoing reasons, Defendants’ motion for reconsideration [# 59] is denied.”
“Defendants’ motion for summary judgment [# 98] is denied”
“USF & G’s cross-motion for summary judgment [# 108] is granted.”
“Plaintiffs Motion for Class Certification [# 48] is granted”
“Defendant’s Motion for Entry of Judgment [# 39] is denied.”
“Plaintiffs motion to direct Defendant to deliver trust assets to the Court [# 12] is denied”
“Defendant’s motion to compel arbitration as to Syncora’s breach of fiduciary duty, breach of duty of good faith, indemnification, and promissory estoppel claims is granted, (ii) Defendant’s motion to compel arbitration as to Syncora’s declaratory judgment claim is denied”
“Defendant’s motion to stay is granted”
“Defendant’s motion to dismiss for lack of proper service is denied”
“Plaintiffs motion for judgment on the pleadings and to dismiss Defendant’s counterclaims [# 26] is denied without prejudice.”
“the Court adopts the Report [# 41] and also authorizes an award for $862.50 (attorney travel time) and $847,71 (travel costs). The Clerk of the Court is respectfully requested to enter a supplemental judgment in favor of Respondent in the amount of $24,322.50 in attorney’s fees and $1,197,09 in costs.”
“the Report is adopted in its entirety. Victoria Chen is ordered to disgorge $40,284 and to pay $16,453 in prejudgment interest, Vincent Verdiramo is ordered to disgorge $42,938 and to pay $15,827 in prejudgment interest, and Richard Verdiramo is jointly and severally liable with Chen, Meyer, and Vincent Verdiramo for $307,769 in disgorgement and $120,356 in prejudgment interest.”
“For the reasons stated above, the Court grants Plaintiffs’ motion for class certification [Dkt. No. 90] and appointment of class representatives and class counsel.”
“Plaintiffs’ motion for summary judgment [#23] is granted”
“Defendants’ cross-motion for summary judgment [# 32] is denied.”
“For the reasons stated herein, Plaintiffs motion for a preliminary injunction and temporary restraining order [# 9] is denied.”
“For the foregoing reasons, PwC’s motion for summary judgment [# 56, 65] is granted.”
“Defendants’ motion for summary judgment [# 77] is granted in part and denied in part”
“Plaintiffs cross-motion for summary judgment on his DPPA claims against Leifer and the Reseller Defendants [# 83] is denied”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 310.5 days (N = 6).
The six sampled civil matters were predominantly post-conviction petitions, with one Social Security appeal and one arbitration dispute.
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