Katherine Polk Failla

Rarely have I seen a federal judge demonstrate such strong favoritism toward large firms. She didn't even bother to try to conceal it. She starts off even-handedly, but quickly turns into a rubber stamp for large firm attorneys. They can do no wrong in her book (even when doing things that small firm/sole practitioners wouldn't dare do). Her philosophy is that if you work for a large firm, you must be smart, whereas if you're a sole practitioner or small firm attorney, she assumes you're just plain dumb, and she behaves in a demeaning manner. She easily misses the big picture. And she acts on misinformation as well, which I found troubling. Making (inaccurate) assumptions on the part of judges appears to be the norm these days, though it has no place in a courtroom, much less a federal courtroom - but she does - and then becomes intemperate because of those inaccurate assumptions.

Judge Failla is a notoriously bad judge when it comes to issues of jurisdiction. On a lot of substantive issues, she's generally alright, but it's hard to understand how one can be a federal judge and lack a grasp on basic jurisdictional questions. As has become common in recent years in SDNY, there's a tendency toward rudeness from the judges. She errs on what seems to be a desire to avoid addressing issues on motions to dismiss or remand.

Fair and balanced judge; savvy to contemporary issues and technology cases in a way many older judges are not.

Prosecutor in a robe. She is smart but thinks she's the smartest one in the room and let's you know it -- a la Judge Stein. Condescending to all. Just downright demeaning to counsel and litigants. Routinely hands out sentences more harsh than the government seeks. Her compassion is packed away when she assumes the bench. Several troubling experiences from a defense perspective. Biggest take away is her short fuse and talking down to even capable and prepared counsel. Will not let you make defense arugments without interrupting you with her jaundiced views of the defense function and all defendants. Suspicious of almost all defense arguments. She will not let you get off the ground in advocating for your client. The antithesis of compassion. Sorry, but that's the way I see it.

This judge has a very serious bias in favor of large firms and against small firms/sole practitioners. Even though you may be a small firm/sole practitioner well versed and experienced in your area, she consistently favors large firms instead of the merits - at least in civil cases. Should not happen in federal court. She is also not even-tempered. She can be warm as day one minute and turn on a dime for no apparent reason, which is a troubling characteristic. Attorneys should always be prepared, no argument there. But even if you are prepared, she will tip the scales in favor of a large firm every time.

Arguing a motion before the Judge is just a wonderful experience. Patient, smart, even handed, are the least of it. In my civil cases, if she doesn't know the law, she is meinsch enough to admit it! Can you imagine! She will then allow herself to be educated by both sides and then make her decision if need be right then and there.

Wow! Today was my first time before this judge. Incredibly bright, professional, courteous, and even-handed. Made sure each side had an opportunity to flesh out their arguments completely. Very judicious in her resolution of the issue before the court. A total pleasure to appear before.

Exceptional intellect and pleasant demeanor, but know your case and be prepared to answer pointed questions.

It just doesn't get any better than this. Consider yourself the luckiest person in that courthouse if you get her assigned to your case, and, make sure you go to your synagogue, or church, or whatever, and give thanks. Dynamite selection for the Bench.

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.

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!

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.

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.

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.

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.

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.

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.

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.