Diarmuid F. O'Scannlain
How Judge O'Scannlain rules, drawn from 35 signed orders. Every observation links to the order it came from.
How Judge O'Scannlain decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In an age-discrimination case, O'Scannlain treated the statute's second sentence, introduced by "also means," as adding a distinct category of public employers. The employee threshold attached to the first category and could not be carried over to political subdivisions without rewriting the sentence Congress enacted.
“As used in this context, ‘also’ adds another definition to a previous definition of a term—it does not clarify the previous definition.”
In a labor case returned to an agency, O'Scannlain read the appellate mandate according to what it clearly decided rather than what it left open. Conditional language and an express acknowledgment that the agency could change direction allowed reconsideration of the underlying rule on remand.
“The mandate requires respect for what the higher court decided, not for what it did not decide.”
In reviewing the agency's changed labor rule, O'Scannlain required acknowledgment of the departure and a reasoned explanation. Because the agency openly overruled its prior decision, weighed the relevant policy considerations, and chose a permissible interpretation, its new order could be enforced.
“When an agency overrules its prior decisions, it must acknowledge the change and provide a reasoned explanation.”
Procedural preferences
In a resentencing appeal, O'Scannlain applied law of the case to the substance of what the earlier appeal had resolved. Defendants could not relitigate the adequacy of their guilty pleas by recasting a challenge to affirmed felony convictions as a new sentencing claim.
“Defendants cannot relitigate the adequacy of their pleas by resurrecting them in the guise of a sentencing claim.”
Cautions
In a separate concurrence to the labor decision, O'Scannlain warned that repeated agency reversals make it difficult for workers, employers, and unions to rely on governing rules. He nevertheless joined enforcement because the agency had adequately explained the current rule and adopted a permissible interpretation.
“Because the Board adequately explained its reasoning and reached a result not at odds with the NLRA, it can require employers to continue dues checkoff after the expiration of the applicable collective bargaining agreement—at least until the next time that the Board changes its mind.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Lopez appealed an order that was not a final decision of the district court. Accordingly, we dismiss her appeal for lack of jurisdiction. DISMISSED.”
“For the foregoing reasons, Russell's claims under Title II of the Family and Medical Leave Act are barred by sovereign immunity and preempted by the Civil Service Reform Act. AFFIRMED.”
“we vacate the district court's order dismissing this case and remand in light of changed circumstances. VACATED and REMANDED. Each party shall bear its own costs.”
“Since we deny the motion to dismiss and remand for an evidentiary hearing, we do not reach the merits of the appeal at this time.”
“Based on our decision in Bravo, the brevity of actual time Zaragoza spent in handcuffs, and the words of reassurance from Inspector Omgsioco, we hold that Zaragoza was not under arrest or unreasonably detained for Fourth Amendment purposes.”
“The petitioners' due process challenge is therefore procedural in nature, and because it was never presented below, we lack subject-matter jurisdiction to address it now.”
“By failing to file an appropriate motion within the relevant time limit, to say nothing of failing to appeal from the underlying judgment, the Port waived any claim to attorneys' fees arising out of the original litigation, and therefore cannot recover them in this new action.”
“Because we conclude that further factual development is needed to determine whether California's failure to pay interest to individual inmates on their ITA funds violates the Takings Clause, the district court's grant of summary judgment and denial of injunctive relief is VACATED and REMANDED for further proceedings consistent with this opinion.”
“The Weinstein firm received adequate notice of the financing agreement and its substantive objections to the agreement are moot. AFFIRMED.”
“In summary, we vacate Lence's sentence and remand to the district court for resentencing by the original sentencing judge. At such fourth sentencing hearing, the government is not estopped from seeking application of the more-than-minimal-planning and abuse-of-trust enhancements. SENTENCE VACATED and REMANDED FOR RESENTENCING.”
“For the foregoing reasons, the district court's dismissal is AFFIRMED.”
“For now, we are confident that there was no abuse of discretion in the district court's denial of a preliminary injunction against the Service's implementation of the MEF Project. AFFIRMED.”
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