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Hon. Katherine Polk Failla
District judge
S.D.N.Y.
2nd Circuit
Average Rating:
8.8
 -
9
rating(s)

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*Temperament:  
*Scholarship: 
*Industriousness: 
*Ability to Handle Complex Litigation:  
*Punctuality:  
*Evenhandedness in Civil Litigation:  
*Evenhandedness in Criminal Litigation: 
Flexibility In Scheduling 
General Inclination Regarding Bail
General Incl. in Criminal Cases, Pre-Trial: 
Involvement in Civil Settlement Discussions:

General Incl. in Criminal Cases, Trial:

General Incl. in Criminal Cases, Sentencing:

Typical Discount Off Guidelines for Cooperators:

  Items marked with (*) are averaged into the displayed overall rating

(1=Awful,10=Excellent)
(1=Awful,10=Excellent)
(1=Not at all industrious,10=Highly industrious)
(1=Awful,10=Excellent)
(1=Chronic`y Late,10=Always on Time)
(1=Demonstrates Bias,10=Entirely Evenhanded)
(1=Demonstrates Bias,10=Entirely Evenhanded)
(1=Completely Inflexible,10=Very Flexible)
(1=Pro-Defense,10=Pro-Government)
(1=Pro-Defense,10=Pro-Government)
(1=Least Involved,10=Most Involved)

(1=Pro-Defense,10=Pro-Government)

(1=Most Lenient,10=Most Harsh)

(1=10%,10=100%)

How familiar are you with the work of this judge?:
Participates in Oral Argument:
Quality of Questions During Oral Argument:
Attitude during oral argument:

Scholarship as reflected in Opinions:

General Inclination in Criminal Appeals:

General Inclination in Civil Rights Appeals:

General Inclination in Labor Law Appeals:

General Inclination in Immigration Appeals:

(1=Not at all familiar,10=Extremely familiar)

(1=Rarely,10=Always)

(1=Poor,10=Extremely insightful)

(1=Consistently inappropriate,10=Cons. respectful)

(1=Poor,10=Outstanding)

(1=Strongly Pro­Government,10=Strongly Pro­Defense)

(1=Strongly Pro-Defendant,10=Strongly Pro­Plaintiff)

(1=Strongly Pro­Employee,10=Strongly Pro­Employer)

(1=Strongly Pro­Immigrant,10=Strongly Pro­Gov.)

Non-lawyer rating (if applicable)

(1= worst, 10=best)

Ratings:

What others have rated

Hon. Katherine Polk Failla

evaluator

ID

date
Temp*  Sch*  Indu* Comp*   Punct*    Ev-Cv*   Ev-Cr* Flex  Bail  Crim  Settle Trial Sent Coop Average
Civil Litigation - Private

32641

1/1/19

10

10

10

10

8

10

0

8

0

0

10

0
0
0

9.7

read comment
Other

31249

1/1/19

0

0

0

0

0

0

0

0

0

0

0

0
0
0

0

read comment
Other

31070

1/2/19

0

0

0

0

0

0

0

0

0

0

0

0
0
0

0

read comment
Criminal Defense Lawyer

25386

1/2/18

0

0

0

0

0

0

0

0

0

0

0

0
0
0

0

read comment
Criminal Defense Lawyer

24046

1/1/16

10

10

10

0

10

0

10

0

5

5

0

5
0
0

10

read comment
Civil Litigation - Private

23098

1/1/15

0

0

10

10

10

0

0

0

0

0

0

0
0
0

10

read comment
Civil Litigation - Private

22642

1/2/15

10

9

10

10

10

10

0

10

0

0

8

0
0
0

9.8

read comment
Civil Litigation - Private

22119

1/2/14

0

0

1

1

10

1

0

0

0

0

1

0
0
1

3.3

read comment
Civil Litigation - Private

21278

1/2/13

9

10

10

10

9

10

0

8

0

0

8

0
0
0

9.7

read comment
category average

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-

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Items marked with (*) are averaged into the displayed overall rating
Fam
Par
Qu-Arg
At-Arg
Sch
Cri
Civ
Lab
Imm
How familiar are you with the work of this judge? (1=Not at all familiar,10=Extremely familiar)
Participates in Oral Argument (1=Rarely,10=Always)
Quality of Questions During Oral Argument (1=Poor,10=Extremely insightful)
Attitude during oral argument (1=Consistently inappropriate,10=Consistently respectful)
Scholarship as reflected in Opinions (1=Poor,10=Outstanding)
General Inclination in Criminal Appeals (1=Strongly Pro­Government,10=Strongly Pro­Defense)
General Inclination in Civil Rights Appeals (1=Strongly Pro-Defendant,10=Strongly Pro­Plaintiff)
General Inclination in Labor Law Appeals (1=Strongly Pro­Employee,10=Strongly Pro­Employer)
General Inclination in Immigration Appeals (1=Strongly Pro­Immigrant,10=Strongly Pro­Gov.)
evaluator

ID

date
Fam     Par  Qu-Arg At-Arg    Sch      Cri       Civ   Lab Imm
Civil Litigation - Private

32641

1/1/19

0

0

0

0

0

0

0

0

0

read comment
Other

31249

1/1/19

0

0

0

0

0

0

0

0

0

read comment
Other

31070

1/2/19

0

0

0

0

0

0

0

0

0

read comment
Criminal Defense Lawyer

25386

1/2/18

0

0

0

0

0

0

0

0

0

read comment
Criminal Defense Lawyer

24046

1/1/16

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

23098

1/1/15

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

22642

1/2/15

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

22119

1/2/14

0

0

0

0

0

0

0

0

0

read comment
Civil Litigation - Private

21278

1/2/13

0

0

0

0

0

0

0

0

0

read comment
category average

-

-

-

-

-

-

-

-

-

Non-lawyer Rating 
(if applicable)

evaluator

ID

date
Rating
category average

-

Temp*
Sch*
Indu*
Comp*
Punct*
Ev-Cv*
Ev-Cr*
Flex
Bail
Crim
Settle
Trial
Sent
Coop
Temperament (1=Awful 10=Excellent)    
Scholarship (1=Awful 10=Excellent)    
Industriousness (1=Not at all industrious 10=Highly industrious)    
Ability to Handle Complex Litigation (1=Awful 10=Excellent)    
Punctuality (1=Chronically Late 10=Always on Time)    
Evenhandedness in Civil Litigation (1=Demonstrates Bias 10=Entirely Evenhanded)    
Evenhandedness in Criminal Litigation (1=Demonstrates Bias 10=Entirely Evenhanded)    
Flexibility in Scheduling (1=Completely Inflexible    10=Very Flexible)    
General Inclination Regarding Bail (1=Pro-Defense 10=Pro-Government)    
General Inclination in Criminal Cases Pre-Trial (1=Pro-Defense 10=Pro-Government)
Involvement in Civil Settlement Discussions (1=Least Involved 10=Most Involved)    
General Inclination in Criminal Cases Trial (1=Pro-Defense 10=Pro-Government)
General Inclination in Criminal Cases Sentencing (1=Pro-Defense 10=Pro-Government)
Typical Discount Off Guidelines for Cooperators (1=10% 10=100%)    
comments1
Comments:

What others have said about

Hon. Katherine Polk Failla

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Civil Litigation - Private
comment #:
32641
rating:
9.7
average rating is 3 out of 5
average rating is 3 out of 5
Erudite, compassionate, powerful and temperate. Judge Failla is a just judge,fairness,contemplation, and honest pragmatism characterize her judicial approach to litigation. She speaks softly but carries a big stick made of lightning. Know the facts of your case, like you know your name. know the applicable laws pertaining there to and for heaven's sake don't try to pull one over on her or make clearly hopeless arguments. That is unless you like by judicial lightning.
1/1/19, 4:19 AM
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Other
comment #:
31249
rating:
0
average rating is 3 out of 5
average rating is 3 out of 5
Lazy judge....did not want to clear her docket....she sat on a case for 8 months and copied the defenses argument almost verbatim......she allowed a foreign company to come to the US and commit securities fraud....crime was committed under US soil....judge is corporation friendly...look at her track record....she favored opioid manufactures...disgusting!
1/1/19, 11:36 PM
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Other
comment #:
31070
rating:
0
average rating is 3 out of 5
average rating is 3 out of 5
This judge enabled a Canadian company to rob US shareholders. The judge actions allow any company to use the NYSE to raise money and take it from themselves. This judge failed to recognize this as well as the fact that the company robbed thousands of US citizens of millions of dollars. This will be continued elsewhere though.
1/2/19, 11:01 PM
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Criminal Defense Lawyer
comment #:
25386
rating:
0
average rating is 3 out of 5
average rating is 3 out of 5
Judge Failla is a formidable judge who commands respect in her courtroom. Very hard working and knowledgeable and tries her utmost to make legally sound decisions. Judge Failla presided over a jury trial in which I was the plaintiff's attorney. It was like undergoing 'lawyer boot camp!' Be warned, however: when she sets a deadline, she is very loathed to extend it.Judge Failla is very courteous to court staff and jurors, but cracks with the whip with attorneys who she deems to be insufficiently prepared and/or not as knowledgeable or as experienced as she would like them to be. I detected some favorable predisposition towards the large law firm(s), but unfortunately this is common and to be expected given that most judges come from that background.
1/2/18, 6:40 AM
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Criminal Defense Lawyer
comment #:
24046
rating:
10
average rating is 3 out of 5
average rating is 3 out of 5
I was quite impressed with Judge Failla's demeanor and compassion during a recent plea. She was well prepared, thoughtful and courteous. Her staff as likewise kind and helpful. There was no doubt however that Judge Failla was not one to mess with. She commanded a presence in her courtroom that showed she was in complete control. There was no bias whatsoever towards the Government or the defendant.
1/1/16, 2:44 PM
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Civil Litigation - Private
comment #:
23098
rating:
10
average rating is 3 out of 5
average rating is 3 out of 5
Her background may be primarily criminal, but she displays better knowledge of the applicable law in the civil cases I've had before her than most judges with civil backgrounds. It's obvious she comes incredibly well prepared--you can't slip anything by her. She's fair. Just don't ask for extensions. When she gives deadlines, she means them.
1/1/15, 9:14 PM
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Civil Litigation - Private
comment #:
22642
rating:
9.8
average rating is 3 out of 5
average rating is 3 out of 5
Truly brilliant! I tried a case before Judge Failla last year. She was extremely well prepared. It was clear she read every deposition and reviewed every exhibit carefully. Her demeanor was always pleasant and she anticipated issues before they arose. Judge Failla also gave careful thought to all the legal issues that were presented and was not afraid to admit she was wrong about her first inclination to rule. Her humility and dedication to getting it right make her welcome addition to bench. It won't be a surprise if she is quickly elevated to the Circuit.
1/2/15, 10:24 AM
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Civil Litigation - Private
comment #:
22119
rating:
3.3
average rating is 3 out of 5
average rating is 3 out of 5
Civil Litigation - Private She is very well prepared but very bias and pro large corporate and anti small business houses. Likes to throw out cases at summary judgments even if there are evidence for jury trial in complex civil cases. Lack experience for complex civil cases as she was a criminal lawyer.
1/2/14, 1:52 PM
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Civil Litigation - Private
comment #:
21278
rating:
9.7
average rating is 3 out of 5
average rating is 3 out of 5
I appeared, along with my defense team, before the Honorable Katherine Polk Failla in a civil matter. The defense team and I have over 50 years’ worth of experience combined in the federal court system. We have tried over fifty federal cases; therefore, we believe that our comments about this judge are accurate and worthy of note. Throughout our civil trial, Judge Failla conducted her courtroom with extreme professionalism and expertise, as if she had been on the bench for decades. It was obvious that Judge Failla intently reviewed each party’s motions, as evident from her thoughtful, legally analytic, and factually precise decisions. While we did not prevail on every motion, she provided valid reasoning for her decisions and always abided by the true letter of the law. Judge Failla knows the Federal Rules of Evidence by heart, and applied them fairly to both sides. This judge is prepared and has an amazing ability to comprehend the facts and apply them to the law; hence, preparation before this court is a must. It is also important to know the details of the facts and law surrounding your case. She is a very stern, but fair, judge. I would advise counsel appearing before Judge Failla to be professional and follow the court’s local and individual rules. If you are not prepared, this judge will know immediately. Therefore, my advice to all lawyers appearing before this court is to diligently prepare, because this court will appreciate your preparation. If you are not prepared, then you will be doing a disservice to yourself and your client, and you will be exposed for your lack of knowledge of your case and/or of the law. Overall, it was a pleasure to have a case before Judge Failla.
1/2/13, 10:52 AM
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