Case law
Opinions from 1658 to today.
9,632 results
1.36s
767 F.3d 712 · Court of Appeals for the Seventh Circuit · Sep 11, 2014
The district found that Zuniga had three qualifying predicates under the ACCA and gave him an enhanced sentence. … These vague and sometimes contradictory recollections of IDOC employees about events that occurred over twenty years ago is not sufficient to show that the district court clearly erred.
Cited 26 timesPublished486 F.2d 926 · Court of Appeals for the Seventh Circuit · Jun 8, 1973
Each defendant was granted immunity pursuant to 18 U.S.C. § 6002 . They remained silent contending that the use immunity conferred by the statute was inadequate to supplant their Fifth Amendment privileges. … This unique argument fails to consider the entirety of the statute which clearly permits like Special Grand Juries to be convened in any district of the na *933 tion regardless of population.
Cited 47 timesPublishedHarry G. John v. Honorable Michael J. Barron, Harry G. John v. Donald A. Gallagher
897 F.2d 1387 · Court of Appeals for the Seventh Circuit · Mar 8, 1990
BACKGROUND In 1946 Harry John established De Ranee, Inc. as a foundation to fund various religious, charitable, and educational programs. … Williams, 491 U.S. -, 109 S.Ct. 1827 , 104 L.Ed.2d 338 (Rule 12(b)(6) is applicable when the defendants are clearly immune from suit).
Cited 141 timesPublishedTrinia Jones v. Scott Kuschell
Court of Appeals for the Seventh Circuit · Nov 29, 2021
violated and whether that right was clearly established. … We must also consider whether the constitutional right that Kuschell allegedly violated was clearly established. If it was not, then Kuschell is entitled to qualified immunity irrespective of any violation.
Cited 0 timesUnpublishedForrest v. Universal Savings Bank, F.A.
507 F.3d 540 · Court of Appeals for the Seventh Circuit · Oct 25, 2007
To establish an account and be eligible for an Upfront Reward%, you must transfer qualifying balances of at least $5,000. … Universal’s materials state: “To establish an account and be eligible for an Upfront Reward, you must transfer qualifying balances of at least $5,000.” (emphasis added).
Cited 83 timesPublishedUnited States v. Jason Nichols
847 F.3d 851 · Court of Appeals for the Seventh Circuit · Feb 6, 2017
The parties agree that target shooting qualifies as a sport- ing purpose under the guideline. United States v. Lewitzke, 176 F.3d 1022, 1028 (7th Cir. 1999). Mr. … Nichols and his Probation Officer, is not clearly errone- ous, and therefore, the court did not err in finding that his confessional acts were voluntary. Furthermore, the false testi- mony that Mr.
Cited 20 timesPublished347 F.3d 655 · Court of Appeals for the Seventh Circuit · Oct 21, 2003
The college officials prevailed on grounds of qualified immunity. The only remaining defendants are the informational intermediaries- — -large corporations, two-thirds of them solvent. … Although a statute’s structure may show that secondary liability has been established implicitly, see Boim v. Quranic Literacy Institute, 291 F.3d-1000 (7th Cir.2002), it is hard to read § 2511 in that way.
Cited 136 timesPublishedAugustus Light v. John Caraway
761 F.3d 809 · Court of Appeals for the Seventh Circuit · Aug 4, 2014
To satisfy this standard, the prisoner must show that “if [he] had made the argument he currently advances . . . he clearly would have lost under” the precedent of the jurisdiction. Brown v. … We cannot see why Light is entitled to a one-way ratchet, subject only to changes in law that benefit him but immune from changes in law that are not helpful.
Cited 64 timesPublishedHolocaust Victims of Bank Thef v. Erste Group Bank
Court of Appeals for the Seventh Circuit · Aug 22, 2012
Magyar Nemzeti Bank, it is well established that a denial of sovereign immunity under the FSIA is a collateral order subject to interlocutory appeal. ___ F.3d at ___. … We clearly have jurisdiction over MNB’s appeal of the denial of sovereign immunity and address the merits of that defense in a separate opinion.
Cited 0 timesPublishedUnity Ventures v. County of Lake
894 F.2d 250 · Court of Appeals for the Seventh Circuit · Jan 29, 1990
Upon Lake County’s timely motion, Judge Bua reconsidered the case and — basing his decision on state action immunity under antitrust law and qualified immunity from civil rights suits for damages — granted Lake County’s request … Lake County faults Alter for not pursuing these additional options, but they were not clearly required by Agins . We will not demand that Alter predict with total accuracy the development of complex legal doctrines.
Cited 25 timesPublishedPiggee, Martha L. v. Carl Sandburg
Court of Appeals for the Seventh Circuit · Sep 19, 2006
This argument implicates the defendants’ qualified immunity argument. See Saucier v. Katz, 533 U.S. 194 (2001). … established.”
Cited 0 timesPublishedWilliam Baumholser and Eileen Baumholser v. Amax Coal Company
630 F.2d 550 · Court of Appeals for the Seventh Circuit · Sep 22, 1980
Considering the qualifications of the witness the trial court was clearly correct in allowing him to testify as an expert. … Colby College-New Hampshire, 508 F.2d 804 (1st Cir. 1975) (qualified survey evidence admissible to establish secondary meaning of plaintiff’s name in minds of consuming public); Holiday Inns, Inc. v.
Cited 44 timesPublished495 F.2d 57 · Court of Appeals for the Seventh Circuit · Mar 19, 1974
The amendment alleges, inter alia, that at all pertinent times the defendant was a duly appointed, qualified and acting police officer of the Department of Police of the Village of Markham. … engaged under color of state law, and that such conduct subjected the plaintiff to the deprivation of rights, privileges, or immunities secured by the Constitution of the United States.”
Cited 30 timesPublishedLinda Sue HOLDER, Plaintiff-Appellant, v. OLD BEN COAL COMPANY, Defendant-Appellee
618 F.2d 1198 · Court of Appeals for the Seventh Circuit · Apr 17, 1980
She failed to prove that she was qualified for a job for which she was not hired despite her qualifications. In fact, some of plaintiff’s exhibits helped establish the defendant’s case. … Califano the court held that when a plaintiff has convincing statistical proof that males were favored and she shows that she was qualified in an absolute sense, then she has established a prima facie case.
Cited 23 timesPublishedWilliam WATERS Et Al., Plaintiffs-Appellants, v. FURNCO CONSTRUCTION CORPORATION, Defendant-Appellee
551 F.2d 1085 · Court of Appeals for the Seventh Circuit · Jun 8, 1977
The findings are not clearly erroneous. 5. Samuels, Nemhard, and Smith. … How else will qualified black applicants be able to overcome the racial imbalance in a particular craft, itself the result of past discrimination? In Griggs v.
Reversed on other grounds by Furnco Construction Corp. v. Waters, 438 U.S. 567 (1978)Cited 8 timesPublished800 F.2d 159 · Court of Appeals for the Seventh Circuit · Oct 3, 1986
. § 1826 for refusing to be deposed despite a grant of immunity pursuant to 18 U.S.C. § 6002 . … Clearly, no one other than the parties and the court will have access to the deposition and no one will be able to reveal the contents of the testimony without permission of the court.
Cited 9 timesPublished542 F.2d 421 · Court of Appeals for the Seventh Circuit · Sep 27, 1976
Two district courts have adopted the related test that a person may qualify as a “taxpayer” if the payment of the third party’s taxes was not “voluntary.” Adams v. … therein which is attributable to one spouse and which is in excess of 25 percent of the amount of gross income stated in the return, “(B) the other spouse establishes that in signing the return he or she did not know of,
Cited 42 timesPublishedUnited States v. Patrick McGuire
835 F.3d 756 · Court of Appeals for the Seventh Circuit · Aug 30, 2016
The district judge counted two of McGuire’s prior convictions as crimes of violence, one of which — a conviction for fleeing the police — qualified only under the residual clause. … Tichenor, 683 F.3d 358 (7th Cir. 2012), which held that the Sentencing Guidelines are immune from vagueness challenges. 835 F.3d 715, 718, 724-25 , 2016 WL 4506717 , (7th Cir. Aug. 29, 2016) (en banc).
Cited 6 timesPublished526 F. App'x 688 · Court of Appeals for the Seventh Circuit · May 13, 2013
IBP, Inc., 280 F.3d 1169,1180-81 (7th Cir.2002), Stone argues that pretext may be inferred from his evidence that he was so “clearly better qualified” than O’Hare that no reasonable person would have *692 hired O’Hare and … But Stone’s evidence does not show that he is “clearly better qualified.” Id.
Cited 2 timesPublishedSidney Jones v. Counselor Hamelman, Sgt. Hampton, Officer Likens, and Officer Swain
869 F.2d 1023 · Court of Appeals for the Seventh Circuit · Feb 22, 1989
Simply, the offer of proof included no evidence which would establish that Hendrix was significantly more qualified than other inmates or correctional officers to testify as an expert on these matters. See Burrus v. … From our review of the record we are convinced that the magistrate’s determination that Jones failed to establish facts sufficient to meet the § 1983 standard is not clearly erroneous.
Cited 70 timesPublished
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