Case law

Quality Auto Body, Inc. v. Allstate Insurance Company and State Farm Automobile Insurance Company

660 F.2d 1195 · Court of Appeals for the Seventh Circuit · Sep 24, 1981

the establishment of prices for automobile repair.” … Appellants' basic thrust that insurance companies must write estimates of repair costs so as to be within the prices sought by high-priced non-competitive shops clearly runs counter to these antitrust principles.

Loretta M. Emerson, Formerly Known as Loretta M. Rubenzer v. Northern States Power Company

256 F.3d 506 · Court of Appeals for the Seventh Circuit · Jun 26, 2001

Emerson’s evidence clearly disputes NSP’s assertions. Such an issue of material fact cannot be resolved at the summary judgment stage. … Was Emerson a qualified individual?

Miratbek Zhakypbaev v. Jefferson B. Sessions III

880 F.3d 881 · Court of Appeals for the Seventh Circuit · Jan 26, 2018

The  Secretary  of  Homeland  Security  or  the  Attorney General may grant asylum to aliens who qualify as refugees under 8 U.S.C. § 1101(a)(42)(A). Cojocari v. Sessions, 863 F.3d 616,  620  (7th  Cir.  2017);  8  U.S.C … According  to  the  petitioner,  the  sons  were  arrested  because their fathers, as deputies in the parliament, were immune from prosecution. 

Charles v. Daley

846 F.2d 1057 · Court of Appeals for the Seventh Circuit · May 5, 1988

With respect to the litigation underlying the instant appeal, the plaintiffs certainly qualify as prevailing parties under the Hensley test. … A party found not to have been defeated by plaintiffs, either because of the type of legal immunity at work in Graham or because liability on the merits could not be established, is, by the express language of section 1988

United States v. Robert W. Rajewski

526 F.2d 149 · Court of Appeals for the Seventh Circuit · Jan 27, 1976

Clearly, the prior inconsistent statements were not offered to impeach the Government’s own witness. … As such, the evidence was clearly probative of the issue in Count II. B.

Estate of Alexander C. Callas, Etc. v. United States of America and United States Army Corps of Engineers

682 F.2d 613 · Court of Appeals for the Seventh Circuit · Jun 11, 1982

We are unable to conclude, however, that the findings are clearly erroneous. … It is true that some type of reliance is necessary to establish that government negligence was a cause of the injury, Inter-Cities Navigation Corp. v.

Butler v. Encyclopedia Brittanica, Inc.

41 F.3d 285 · Court of Appeals for the Seventh Circuit · Nov 23, 1994

As the company points out, Articles VI through X of the plan are intended to establish the retirement benefits that are available and the persons who qualify for such benefits while Article XI, entitled “Retirement Settlement … Based upon the foregoing analysis, Brittanica’s denial of benefits was clearly based upon a reasonable interpretation of its plan.

Opp v. Office of State's Attorney of Cook County

630 F.3d 616 · Court of Appeals for the Seventh Circuit · Dec 29, 2010

Opp had con- sistently received “qualified” or “highly qualified” perfor- mance evaluation ratings. … This cir- cuit’s case law regarding the interpretation of an ap- pointee on the policymaking level is well-established.

Zessar v. Keith

536 F.3d 788 · Court of Appeals for the Seventh Circuit · Aug 6, 2008

Bartley, 431 U.S. 119, 129 , 97 S.Ct. 1709 , 52 L.Ed.2d 184 (1977) (“[T]he enactment of the new statute clearly moots the claims of the named appel-lees.”)); see also Rembert v. … immunity).

Adden v. Middlebrooks

688 F.2d 1147 · Court of Appeals for the Seventh Circuit · Sep 15, 1982

I agree with the majority that plaintiff’s suit against the Louisiana Department of Corrections is barred under the eleventh amendment since the Department is clearly an alter ego of the state. … Davis, 410 F.2d 24, 29 (9th Cir. 1969) (“The Eleventh Amendment immunizes a state from suit in a federal court by a citizen of that state, and this immunity is not affected by the fact that the case may be one arising under

Employers Insurance of Wausau v. Banco De Seguros Del Estado

199 F.3d 937 · Court of Appeals for the Seventh Circuit · Dec 15, 1999

Section 1608 requires that any claimant of a default judgment establish his right to relief “by evidence satisfactory to the court.” § 1608(e). … We are unconvinced' that any of the district court’s findings of undisputed fact are clearly in error.

Martin Abrams v. Kent Walker

307 F.3d 650 · Court of Appeals for the Seventh Circuit · Oct 10, 2002

These extended excerpts from Abrams’ state trial transcript show quite clearly, pace the dissent, that there was no “genuine issue” over whether Abrams (1) failed to comply with the repeated lawful order of Trooper Walker … City of Enterprise, 140 F.3d 1378, 1383-84 (11th Cir.1998) (holding that the existence of probable cause for an arrest is a complete defense to a First Amendment retaliation claim under the doctrine of qualified immunity)

Arline M. Soderbeck v. Burnett County, Wisconsin Robert Kellberg, Individually and as Sheriff of Burnett County and Lowell Nelson, Eugene Wellman, and Carl A. Brandenburg, and Arline M. Soderbeck v. Burnett County, Wisconsin, and Robert Kellberg, Individually and as Sheriff of Burnett County

752 F.2d 285 · Court of Appeals for the Seventh Circuit · Jan 4, 1985

Although the instruction conveys a mood (perhaps none too clearly to the average juror) rather than establishing precise criteria, it does imply distinct types of misconduct--though, as it seems to us, two rather than three … did, and therefore is immune from all damage liability.

Dialysis Centers, Ltd. v. Schweiker

657 F.2d 135 · Court of Appeals for the Seventh Circuit · Aug 18, 1981

Each qualified ESRD facility must supply a representative to the network for its geographical area. 42 C.F.R. § 405.2111 . … Plaintiff now appears to concede, however, that money damages are barred by the doctrine of sovereign immunity (Br. 33-34). . The record indicates that the Secretary complied with this order.

Myers v. Illinois Central Railroad

629 F.3d 639 · Court of Appeals for the Seventh Circuit · Dec 15, 2010

Debate continues over the issue of how plaintiffs must establish causation under FELA. See Norfolk Southern Ry. Co. v. … The physicians’ deposition testimonies made it clear that they were clearly offering something less than a causation opinion that could qualify under Daubert.

United States v. Edward W. Lemmons

230 F.3d 263 · Court of Appeals for the Seventh Circuit · Oct 5, 2000

Matthews, 222 F.3d 305, 307 (7th Cir.2000) (“If the fact finder chooses between two permissible views of the evidence, the choice is not clearly erroneous.”). … And, although the defendant makes much of the seven factors in U.S.S.G. § 3Bl.l(c), comment, (n.4), we have never held that all of the factors are required to establish that a defendant is qualified for a section 3B1.1 increase

Frederick Coleman v. United States

79 F.4th 822 · Court of Appeals for the Seventh Circuit · Aug 15, 2023

This discussion of “support” is parallel to the question whether a particular legal rule has been clearly established. … The Justices say often that, to overcome qualified immunity, the rule must be established concretely, as applied to a situa- tion, rather than at a high level of generality. See, e.g., White v.

Erb v. Alliance Capital Management, L.P.

423 F.3d 647 · Court of Appeals for the Seventh Circuit · Sep 2, 2005

Quinn, 997 F.2d 287, 290 (7th Cir. 1993) (noting that although a party may appeal from the denial of qualified immunity either immediately or after entry of final judgment, only an immediate appeal can vindicate the right … Before considering this contention, we note that aspects of plaintiffs’ first and second pleadings clearly do not differ in any way relevant to preemption.

George S. Yumich and Philip Steven Shear, by His Father and Next Friend, Dr. Sidney Shear v. John E. Cotter

452 F.2d 59 · Court of Appeals for the Seventh Circuit · Nov 29, 1971

With all respect, however, we read Monroe as a binding statutory construction, not dependent upon state law immunity, and not related to a deficiency in federal remedies, but establishing that § 1983 does not impose liability … We are not prepared to say that the verdict will so clearly result in a miscarriage of justice that this is one of the exceptional cases in which a federal appellate court can properly reverse and order a new trial on that

Charles E. Johnson v. Gary R. McCaughtry Warden, Waupun Correctional Institution

92 F.3d 585 · Court of Appeals for the Seventh Circuit · Aug 13, 1996

Appleby was granted immunity after he promised to give information and to testify against the other two robbers. … Thus the expected effect of Rentmeester’s action also would not qualify under Duren . .