Clifford Patrick O'Sullivan
Judge O'Sullivan no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge O'Sullivan decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Looks past transaction labels to the underlying economic substance when applying tax law.
“It is also well settled that the substance of the transaction, rather than its form, is controlling.”
Allows notice or knowledge to be established through facts supporting a reasonable jury inference.
“The establishment of such an element, however, may come from proof of facts permitting a jury inference that the defect was discovered, or should have been discovered, by the exercise of reasonable care or inspection.”
Procedural preferences
Limits review of agency factfinding to legal error and substantial-evidence support rather than deciding facts anew.
“The District Court’s function, as our own, is limited, except as to errors of law, to determining whether there is substantial evidence in the record supporting the factual findings of the Secretary.”
Treats severance as a matter committed to the trial judge's discretion.
“The granting or denying of a motion for severance is generally a matter within the discretion of the trial judge.”
Cautions
Evaluates whether a charging variance caused prejudice in light of the defense actually presented.
“We believe that the nature of the defense offered is crucial to the claim of prejudice, and that the defense offered in the present case obviates the possibility of any prejudice from the variance.”
Rejects a warrantless vehicle search after both the suspects and vehicle are securely in police custody.
“With the person, or persons, suspected of crime and the automobile to be searched both in police custody, the precipitous action of a warrantless search is no longer justified.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The District Judge’s order denying Iibellee’s motion for a special finding is affirmed.”
“This cause is remanded to the District Court for further findings consistent with this opinion.”
“The judgment of the District Court is affirmed. Allowable costs shall be taxed to appellant.”
“We reverse and direct entry of judgment for defendant Delta, dismissing the cross-complaints of TWA, and Federal Insurance Company.”
“We grant enforcement of the Board’s order as to the Section 8(b)(4)(ii)(B) violation and remand the matter to the Board to grant the relief asked by Kroger’s Petition for Review.”
A historical record
Judge O'Sullivan 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.