John Joseph O'Connell
Judge O'Connell no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge O'Connell decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires a party seeking equitable reformation to prove the asserted case rather than rely on bare allegations.
“our examination of the record persuades us that Reynolds has failed to prove its case.”
Treats decades of inaction as requiring unusually persuasive evidence before equitable trademark relief is available.
“much more persuasive evidence than was here adduced would be necessary before we should be prepared not only to overlook a course of action of more than thirty years but also to grant injunctive relief.”
Procedural preferences
Requires summary-judgment affidavits to rest on personal knowledge and admissible facts.
“Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.”
Allocates the financial loss of delayed veteran reinstatement to the employer when equitable considerations favor the returning servicemember.
“equitable considerations dictate that the financial loss suffered by petitioner in being denied reinstatement be placed upon respondent.”
Cautions
Connects statutory purpose to the class of persons the enactment was designed to protect.
“The purpose of the statute, as applied to this case, was the protection of other vessels plying the waters.”
Will not treat a federal court as having jurisdiction over domestic-relations claims simply because the parties are diverse.
“Our decision that federal courts lack jurisdiction to entertain the three causes of action asserted in the complaint renders it unnecessary to consider the merits of the case or other issues raised.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The judgment of the district court is affirmed.”
“For the reasons stated, the judgment of the lower court is affirmed.”
“the judgment of the court below will be vacated and the cause will be remanded for further proceedings not inconsistent with this opinion.”
“As so modified, the decree will be affirmed.”
“For the reasons stated, the judgment of the Tax Court will be affirmed.”
“the judgment of the court below must be reversed and the cause remanded for a new trial.”
“the order of the district court will be reversed and the complaint reinstated for further proceedings consistent with this opinion.”
A historical record
Judge O'Connell 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.