Liam O'Grady
How Judge O'Grady decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He resolves cases on the narrowest sufficient ground and declines to reach broader or novel theories he need not decide. In an FMLA case he found the plaintiff eligible via a successor-in-interest analysis and expressly refused to rule on her alternative (and circuit-first-impression) 'reasonable belief' eligibility theory.
“Because the Court agrees that Osei is an "eligible employee" pursuant to a successor in interest analysis, the Court finds it unnecessary, and therefore declines, to address the alternate "reasonable belief" theory that the plaintiff advances.”
He draws careful doctrinal distinctions before reaching a constitutional question, classifying the statute correctly first. He held the False Claims Act seal provisions are not an 'access statute' (so the LAPD v. United Reporting bar to facial challenges did not apply) because they restrict access to a court pleading rather than to government-held information.
“the FCA is fundamentally not an "access statute." ... they temporarily limit public access to a complaint, which is a court pleading.”
Procedural preferences
On copyright fee petitions he applies a particularized, case-by-case Kirtsaeng/Fogerty assessment and will trim even a prevailing party's request -- here granting the prevailing plaintiff's fees but reducing the fee award 20% and the costs 10%, and denying the losing party's fees outright for not being a 'prevailing party'.
“fees are not awarded as a matter of right, and courts "must make a ... particularized, case-by-case assessment" when deciding whether they should be awarded.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Summary judgment N = 7 |
Granted: 2Granted in part: 1Denied: 4 | counts only |
| Motion for attorney fees N = 2 |
Granted in part: 1Denied: 1 | counts only |
| Motions to dismiss N = 1 |
Granted: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons explained below, the Court hereby grants Defendants' Motion and dismisses the complaint.”
“the Court hereby DENIES Defendant's motion for summary judgment (Dkt. No. 32) for the reasons set forth below.”
“the Court concluded that summary judgment for Defendant was appropriate and issued a short order to that effect on September 17, 2018 in recognition of the case's pending trial date. Dkt. 73.”
“Both parties filed motions for summary judgment... the Court concluded that summary judgment for Defendant was appropriate”
“BMG's motions are hereby GRANTED IN PART and DENIED IN PART.”
“Cox's motions are hereby DENIED.”
“the Court GRANTS First American Title Insurance Company's Motion for Summary Judgment (Dkt. no 44) and DENIES Western Surety Company's Motion for Summary Judgment (Dkt. no. 52).”
“the Court GRANTS First American Title Insurance Company's Motion for Summary Judgment (Dkt. no 44) and DENIES Western Surety Company's Motion for Summary Judgment (Dkt. no. 52).”
“ORDERED that Plaintiffs Motion for Partial Summary Judgment is DENIED.”
“Defendant's Motion for Summary Judgment is GRANTED in part and DENIED in part.”
Caseload & timing
From public federal docket records for this judge.
From the enumerated dockets (illustrative, not a counted population): O'Grady's late-career (post-senior-status, 2021-2023) E.D. Va. docket is dominated by short-lived pro se / IFP matters -- FTCA suits against the United States (De Vere, Lazo, Treminio-Tobar, Smith), prisoner/civil-rights and habeas-adjacent filings (Washington v. DOC, Jackson v. Fleming, Samuels), Strike 3 Holdings copyright 'Doe' subpoena suits, and a few counseled commercial cases (The Motley Fool v. Cook; Autel US patent; Grounded Electrical v. Liberty Mutual; Lescalleet mortgage). His best-known matters (Megaupload/Dotcom, Daniel Hale leak case, BMG v. Cox) are earlier and NOT in this late-career cohort.