Ernest Aloysius O'Brien
Judge O'Brien no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge O'Brien decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
O’Brien treated federal authority over the conditions under which aliens may live in the states as paramount once Congress had occupied the field.
“the power to regulate the terms and conditions under which aliens may live in any of the several states having been given by the Constitution to the federal government, and that government having exercised it, the right of the federal government is paramount and exclusive”
He applied an anti-evasion reading to insurance regulation, focusing on the practical substance of a policy clause rather than its drafting form.
“I do not think the statute should be given a construction which would allow its frustration and evasion by merely changing the form of the clause but leaving the substance the same as that which the statute prohibits.”
Procedural preferences
O’Brien required litigants to use habeas corpus, rather than an equity bill, to obtain judicial review of an immigration exclusion order.
“Thus it appears that the plaintiff’s only and proper remedy in this case is by a writ of habeas corpus; there being no authority in the law to sustain the bill in equity.”
In repeat bankruptcy proceedings, he took judicial notice of the earlier case and protected debts that should have been addressed there.
“it is the duty of the court to take judicial notice of the prior proceedings and even on its own motion to prevent the prosecution of the application for discharge as to debts provable in the former proceeding.”
Cautions
O’Brien looked through formal transactions that lacked a bona fide business purpose and were used to manufacture an apparent tax loss.
“If the transaction is not a bona fide business transaction, but is merely part of a scheme or device, used by the taxpayer to establish an apparent loss, then the courts will look through the form to the substance.”
He treated long silence in the face of public, costly reliance as laches barring a patent recovery.
“Plaintiff’s long silence and delay constitutes laches that precludes any recovery by plaintiff.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“In consonance with this opinion, therefore, an order may be entered granting’ the temporary injunction sought by plaintiff and denying the motion of defendant to dismiss the bEl of complaint.”
“An order 'may be entered directing the receiver to respectfully bring this matter to the attention of the District Court of the United States for the Northern District of Ohio, Eastern Division, and to apply to that court for an order discharging the ancillary receiver appointed in said district and directing such ancillary receiver to relinquish possession of and deliver to the receiver appointed by this court any and all assets of the defendant company which he may have in his possession.”
“Plaintiff’s bill is dismissed”
“the restraining order is vacated”
“the temporary injunction is denied”
“An order may be entered that no discharge granted in the pending proceeding shall affect or discharge any debts or liabilities of bankrupt existing at the time of the filing of bankruptcy proceeding No. 13657 in this court.”
“That the exceptions to the special ‘ master’s report are overruled.”
“That the special master’s report is hereby confirmed, and his' findings are hereby adopted- as the findings of this court, and his opinion is hereby adopted as the opinion of this court.”
“are hereby determined to be void, and all claims based thereon are hereby disallowed.”
“I conclude, therefore, that there is no merit in her petition and that it shall be dismissed together with the writ.”
“The defendant’s motion for judgment may be granted and a judgment may be entered against the plaintiffs in favor of the defendant, for no cause for action.”
“The findings of fact and conclusions of law as requested by the plaintiff will be adopted as the findings of fact and the conclusions of law of this Court, and judgment may be entered for the plaintiff.”
“It follows that plaintiff is entitled to a summary judgment for the difference between One Hundred Thousand ($100,000) Dollars the face amount of the policy, and Forty Thousand Six Hundred Thirty-Three ($40,633.09) Dollars and Nine Cents, or Fifty-Nine Thousand Three Hundred Sixty-Six ($59,366.01) Dollars and One Cent plus interest at five (5%) per cent per annum from March 14, 1937 until date of entry of judgment, with costs to be taxed, and that defendant’s motion to dismiss should be denied.”
“The court concludes plaintiff is entitled to judgment for the refund of such tax erroneously paid and collected, together with interest and costs.”
“A decree may be entered denying the injunction prayed for and dismissing the complaint, with costs to the defendant.”
“denied such contention- but provided that petitioner’s proof of claim be considered a general claim.”
“provided that petitioner’s proof of claim be considered a general claim.”
Caseload & timing
From public federal docket records for this judge.
No case-level docket record assigned under O’Brien’s name was returned for his tenure. The profile therefore makes no claim about his complete caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge O'Brien 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.