Kathleen McDonald O'Malley
How Judge O'Malley rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge O'Malley no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge O'Malley decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Allowed a consumer class action to proceed where the alleged wrong was deceptive sales conduct rather than the reasonableness of regulated insurance rates.
“Plaintiffs do not challenge whether Travelers’ rates are acceptable or reasonable, they challenge the legality of Travelers’ and its agents’ practices in not revealing the availability of lower rates.”
Denied preliminary patent relief where the record did not adequately establish irreparable harm.
“If the Court were to find it necessary to analyze irreparable harm, moreover, it would likely conclude that Avery has failed to shoulder its burden with respect to that factor as well.”
Procedural preferences
Construed federal removal jurisdiction strictly when the state-law claim arose directly from the refusal to pay workers' compensation benefits.
“[T]he statutes conferring removal jurisdiction are to be construed strictly because removal jurisdiction encroaches on a state court’s jurisdiction.”
Enforced a conspicuous bilateral arbitration clause where the record did not show bargaining unfairness or oppressive terms.
“An unconscionable contract is generally characterized by bargaining unfairness and oppressive terms.”
Cautions
Required factual allegations rather than conclusory recitals when testing a complaint.
“While legal conclusions can provide the framework for a complaint, all claims must be supported by factual allegations.”
Required the employee to establish an incapacity that qualified for statutory medical leave.
“Olsen has the burden of demonstrating the existence of an injury resulting in incapacity.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons set forth below, the motion is GRANTED.”
“Olsen’s Motion For Partial Summary Judgment is DENIED and Ohio Edison’s Motion For Summary Judgment is GRANTED.”
“Carpenter’s motion for partial summary judgment is GRANTED in part and DENIED in part.”
“For the reasons stated below, this motion is GRANTED and this case is DISMISSED.”
“Pellin’s motion is GRANTED, Trocheck’s motion is DENIED, and this case is DISMISSED.”
“Microsoft’s Motion for a Preliminary Injunction is DENIED. (Docket no. 25).”
“Microsoft’s Motion to Dismiss is also DENIED. (Docket no. 26).”
“the Court also confirms that Microsoft’s Motion to dismiss, without prejudice, its trademark claim based on defendant’s distribution of Microsoft Fulfillment Software is GRANTED.”
“For the reasons stated below the motion is GRANTED and this case is REMANDED to the Cuyahoga County Ohio Court of Common Pleas where it was originally filed.”
“the plaintiffs motion to remand (docket no. 7) is GRANTED, and this matter is REMANDED to the Cuyahoga County, Ohio Court of Common Pleas, where it was originally filed.”
“Hines’s motion for attorney fees, pursuant'to 28 U.S.C. § 1447(c), is DENIED.”
“For the reasons articulated above, the Court DENIES Travelers’ Motion to Dismiss.”
“Plaintiffs’ Application for a Preliminary Injunction (Doc. No. 3) is GRANTED.”
“the Defendants’ motion for summary judgment is GRANTED in part and DENIED in part.”
“motion to stay proceedings and compel arbitration is GRANTED.”
Caseload & timing
From public federal docket records for this judge.
The fifteen oldest located exact-name assignments were all terminated matters filed in October 1994. They included antitrust, environmental, product-liability, employment, Social Security, ERISA, foreclosure, habeas, information-access, insurance, and other statutory cases. This early-tenure slice is not the judge's full district docket.
A historical record
Judge O'Malley 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.