David S. Perelman
Judge Perelman no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Perelman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Perelman found an employee's unsupported denials insufficient to create a pretext dispute against documented disciplinary evidence.
“As evidence of pretext, plaintiff offers only her self-serving denials that she engaged in the conduct with which she was charged by her supervisors and EAP coordinator, which are unconvincing and fail to establish a genuine issue of material fact as to pretext.”
Perelman treated unequal access to competition as a concrete injury when reviewing the college's set-aside program.
“The FBE set-aside program clearly prevents Plaintiff from competing on equal footing.”
Perelman granted the medical-device defendant judgment because the record did not connect the alleged device problem to the injury as its natural and probable consequence.
“there is no genuine issue of material fact pertaining to whether the injury sustained by Mrs. Skerl was the natural and probable consequence of any problem with the Pump.”
Procedural preferences
Perelman recast a mislabeled summary-judgment filing as a Rule 12(c) motion when it presented only a pleading-level legal question.
“although captioned as a motion for summary judgment it may properly be considered as a Rule 12(a) motion for judgment on the pleadings.”
Perelman required more than a minimal evidentiary showing from a party opposing summary judgment.
“Such showing by the nonmovant must consist of more than a mere ‘scintilla’ of evidence, or the hope that the court will disbelieve the movant’s denial of a disputed fact.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“defendant is entitled to judgment as a matter of law.”
“their motion for partial summary judgment is denied.”
“Summary judgment dismissing plaintiffs’ complaint will be entered in defendant’s favor.”
“Defendants’ motion, considered as a Rule 12(c) motion for judgment on the pleadings, is denied.”
“this Court concludes that CCC’s MBE policy is unconstitutional and grants Plaintiff partial summary judgment with respect to that issue, and denies Plaintiffs motion with respect to the FBE policy.”
“this Court grants defendant summary judgment upon that portion of plaintiffs first cause of action for discrimination which rests upon termination during the 1996 RIF, but denies summary judgment upon that portion of plaintiffs first cause of action which is premised upon the failure to hire her for the RCC position.”
“it is recommended that Plaintiffs’ motion for partial summary judgment be denied, and the Defendants’ motion for summary judgment be granted.”
“Defendants’ motions for summary judgment are denied.”
Caseload & timing
From public federal docket records for this judge.
Twenty assigned matters were enumerated. Five terminated civil-rights matters were sampled. Their durations ranged from 2,921 to 3,771 days, with a median of 3,328 days; every sampled entry stream was empty, so no docket motion or timing claim is made.
A historical record
Judge Perelman no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.