John Joseph O'Connell
How Judge O'Connell rules, drawn from 21 signed orders. Every observation links to the order it came from.
Judge O'Connell no longer hears cases. This profile is preserved as a historical record of how they ruled here.
About Judge O'Connell
John Joseph O'Connell was a judge of the United States Court of Appeals for the Third Circuit. Appointed by President Harry S Truman, Judge O'Connell received a commission on October 11, 1945. Judge O'Connell served until death on December 16, 1949.
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
In Reynolds Metals Co. v. Metals Disintegrating Co., he affirmed rejection of a request to reform a patent license and recover royalties because Reynolds failed to prove its claim on the record.
“our examination of the record persuades us that Reynolds has failed to prove its case.”
In Anheuser-Busch, Inc. v. Du Bois Brewing Co., he rejected an injunction against use of the Budweiser name after Anheuser had allowed Du Bois to use it for more than thirty years without sufficient evidence to justify relief.
“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
In Sarnoff, he reversed summary judgment because the parties’ conflicting accounts raised factual issues for a fact finder.
“The resolving of such issues must be left to the finders of fact, and not decided upon a motion for summary judgment.”
In Van Doren v. Van Doren Laundry Service, O’Connell held that equitable considerations placed the financial loss of denied reinstatement on the employer in that case.
“As between the two parties, therefore, it seems to us that equitable considerations dictate that the financial loss suffered by petitioner in being denied reinstatement be placed upon respondent.”
Cautions
In Hickman v. Taylor, he held that a statute requiring a marker near a sunken vessel protected other vessels on the water, and affirmed judgment for the railroad in a tug crew member's drowning case.
“The purpose of the statute, as applied to this case, was the protection of other vessels plying the waters.”
In Albanese v. Richter, he found federal jurisdiction lacking over the asserted domestic-relations claims and left their merits unresolved.
“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 here. If you're preparing for a matter, start from the court's current bench.