Case law

Benbow v. Commissioner of Internal Revenue

774 F.2d 740 · Court of Appeals for the Seventh Circuit · Sep 30, 1985

In 1959 Electric Cord established a pension plan and related trust. … We think this division into qualified and unqualified components and treatment of the former as a distribution of a trust which "is" exempt clearly exceeds the bounds of statutory interpretation. 35 The Tax Court notes that

Doe, Jane v. University IL

Court of Appeals for the Seventh Circuit · Dec 23, 1999

Abrogation of Eleventh Amendment Immunity Congress may abrogate States’ Eleventh Amendment immunity if it both unequivocally expresses its intent to do so and acts pursuant to a valid exercise of power. … /2 As we all know, public school systems can pick and choose to employ whomever they wish as teachers and "filter out" any applicants with histories of sexual misconduct, while on the other hand they must educate every qualified

Frieda MASON, Plaintiff-Appellant, v. CONTINENTAL ILLINOIS NATIONAL BANK and Ronald Friedman, Defendants-Appellees

704 F.2d 361 · Court of Appeals for the Seventh Circuit · Apr 1, 1983

Mason’s supervisor was consulted about the vacancy on the day shift — her deposition states this clearly. 8. … But if we assume therefore that Mason did establish a prima facie case of discrimination under McDonnell Douglas merely by showing that she was qualified and was rejected, still the prima facie ease would be rebutted by “

Milazzo v. O'connell

151 F.3d 587 · Court of Appeals for the Seventh Circuit · Aug 31, 1998

immunity under Count II. … Consequently the court refused to hold that defendants had qualified immunity under Count II of the original complaint. We affirmed. 108 F.3d 129 .

Horwitz, Karen v. Bd Educ Avoca School

Court of Appeals for the Seventh Circuit · Jul 26, 2001

We agree with the district court’s assertion that the Board is statutorily immune from Horwitz’s claim. … Biancalana, and Ballantyne--are also immune from suit.

Leonard D. Bronk v. John M. Cirilli

Court of Appeals for the Seventh Circuit · Jan 5, 2015

The annuity clearly is not employer sponsored; whether it complies with the Internal Revenue Code has not been established, but the trustee raised this issue far too late in the proceedings and so it is waived. … Bronk clearly has a legal interest in each of the Edvest college savings accounts.

United Stationers, Inc. v. United States

163 F.3d 440 · Court of Appeals for the Seventh Circuit · Feb 19, 1999

clearly intended, then, that qualifying research pass a high threshold of innovation and be of broad effect. … We cannot say on this record that the district court clearly erred in finding that the programs were innovative.

Mickey Grayson v. City of Chicago

317 F.3d 745 · Court of Appeals for the Seventh Circuit · Jan 28, 2003

In order to establish a prima facie case in a failure-to-promote context, the plaintiff must show that 1) he belongs to a protected class, 2) he applied for and was qualified for the position sought, 3) he was rejected for … While Grayson did allege that he was as qualified as Fornaciari and Biamonte, see Second Am.

Marcus Gumz, Cross-Appellant v. Douglas Morrissette and Lawrence Cloutier, Cross-Appellees

772 F.2d 1395 · Court of Appeals for the Seventh Circuit · Sep 27, 1985

The Court also has driven subjective inquiries from the law of “good faith” or qualified immunity for conduct by the police. An officer whose acts do not violate “clearly established” law is immune no matter his motive. … The Supreme Court altered the standard of qualified immunity in Harlow precisely to get rid of any inquiry into motive, an inquiry that had bedeviled and prolonged litigation without serving any substantial purpose.

Catherine Neukirchen v. Wood County Head Start, Incorporated

53 F.3d 809 · Court of Appeals for the Seventh Circuit · Apr 27, 1995

The parties do not dispute these well-established principles. What is disputed, however, is whether property costing less than $1,000 constitutes federal property, making it immune from execution. … However, in JolietAWill this court clearly held that property purchased with federal funds constitutes federal property.

Durovic v. Richardson

479 F.2d 242 · Court of Appeals for the Seventh Circuit · Apr 25, 1973

Defendants presented affidavits which, at least prima facie, established (1) that as of the critical date Krebio-zen was not generally recognized among qualified experts as safe and effective for management of malignant tumors … We think the standard of general recognition by qualified experts was intended to be strictly construed so that unless a drug is clearly entitled to proceed through the direct channel, it must proceed through the NDA channel

United States v. Louis W. Nathan, Gaetano Alviti, Frank C. Tornabene, Patrick J. Knight and Joseph A. Giralamo

238 F.2d 401 · Court of Appeals for the Seventh Circuit · Jan 3, 1957

The court stated, 325 U.S. at page 105 , 65 S.Ct. at page 1037 : “ * * * the only other alternative, if we are to avoid grave constitutional questions, is to construe it as applicable only to those acts which are clearly … marked by the specific provisions of the Constitution as deprivations of constitutional rights, privileges, or immunities, and which are knowingly done within the rule of Ellis v.

General Railway Signal Co. v. Corcoran

921 F.2d 700 · Court of Appeals for the Seventh Circuit · Jan 3, 1991

We decline to interpret Section 634(b)(1), which waives sovereign immunity and establishes federal question jurisdiction over contract suits brought by and against the Administrator, 2 to contain any implicit commentary on … The naming of the SBA administrator rather than the SBA as the party amenable to suit in a statute drafted to waive sovereign immunity cannot be imbued with special significance because, for sovereign immunity purposes, a

Vonzell White v. City of Chicago

Court of Appeals for the Seventh Circuit · Jul 21, 2016

The district court granted summary judg‐ ment for Officer O’Donnell on the federal claim for false ar‐ rest, finding that he was entitled to qualified immunity, and  the court declined to exercise supplemental jurisdiction … The district court had granted summary judgment for the  detectives  on  the  basis  of  qualified  immunity,  but  the  Fifth  Circuit  reversed:  “After  reciting  Spencer’s  biographical  and  contact information, the 

James and Joyce Ferrell v. Samuel R. Pierce, Jr., Secretary of the United States Department of Housing and Urban Development (Hud)

785 F.2d 1372 · Court of Appeals for the Seventh Circuit · Mar 21, 1986

Clearly, different equities and considerations are involved when HUD must calculate the date of default to determine whether the defaulting mortgagor qualifies for the assistance program. … This is clearly not what Congress intended. The real purpose of the program is to provide relief to qualified *1380 applicants.

McPhaul v. Board of Commissioners of Madison County

226 F.3d 558 · Court of Appeals for the Seventh Circuit · Aug 16, 2000

that she was a "qualified individual" under the ADA. … McPhaul’s claims regarding her transfer and termination clearly fail because she does not establish the second and fifth elements of a prima facie case.

United States v. William Abraham

541 F.2d 1234 · Court of Appeals for the Seventh Circuit · Sep 9, 1976

We see the evidence as establishing a single ongoing conspiracy in which various co-conspirators moved in and out of active participation. … However, our decision in this case should not be read as discouraging the giving of an instruction when the possibility of a variance clearly exists. 4 II.

United States v. James G. Demopoulos

506 F.2d 1171 · Court of Appeals for the Seventh Circuit · Mar 24, 1975

The apparent basis for this contention is the rule, well established in this Circuit, that the issue of materiality in a perjury charge is a question of law for the court. United States v. … Defendant next claims that the immunity instruction was unfair to defendant because it warned the jury only that “such testimony [of immunized witnesses] must be examined and weighed by the jury with greater care than the

Arnold v. Peabody Coal Co.

41 F.3d 1203 · Court of Appeals for the Seventh Circuit · Dec 9, 1994

Despite the two non-qualifying test results, Dr. … The Board’s decision was not appealed, and in any event, it clearly involved facts substantially different from those before us. Dr.

Hamid R. Kashani v. Alan Nelson, Immigration and Naturalization Service

793 F.2d 818 · Court of Appeals for the Seventh Circuit · Jun 12, 1986

The courts ordinarily should not interfere with an agency until it has completed its action, or else has clearly exceeded its jurisdiction. … Congress limited the numbers of refugees admitted yearly because of the impact of the refugees on the social welfare system: qualified refugees are eligible for cash assistance under a modified Aid to Families with Dependent