Case law

United States v. William M. Percival, Carolyn Allen Percival, Randy L. Middleton, Defendants

756 F.2d 600 · Court of Appeals for the Seventh Circuit · Apr 30, 1985

A conspiracy may be established even if its purpose was not accomplished. … The results indicated that blacks and young persons were substantially or significantly underrepresented in the Central District Master and Qualified Wheels.

Abdullahi v. City of Madison

423 F.3d 763 · Court of Appeals for the Seventh Circuit · Sep 12, 2005

immunity. … immunity.

Thurner Heat Treating Corp. v. National Labor Relations Board

839 F.2d 1256 · Court of Appeals for the Seventh Circuit · Feb 16, 1988

Second, that memorandum or letter must be immune from discovery in litigation against the agency. … The disputed documents in Van Bourg were clearly in the possession of the NLRB; yet the court held that they were not intra-agency documents.

Unity Ventures v. County of Lake

841 F.2d 770 · Court of Appeals for the Seventh Circuit · Mar 9, 1988

The state action exemption from antitrust liability was established by the Supreme Court in Parker v. … Under such a scheme anticompetitive effects are clearly foreseeable and contemplated.

Keith Bland v. Marcus Hardy

672 F.3d 445 · Court of Appeals for the Seventh Circuit · Feb 13, 2012

Bland’s able counsel in this court concedes that no decision of the Supreme Court clearly establishes that a prosecutor cannot make hay from a defendant’s false testimony. … Until the Su- preme Court has made a right concrete, it has not been No. 10-1566 5 “clearly established.” See, e.g., Wright v.

United States v. William H. Barker and Donnie L. Reed

514 F.2d 1077 · Court of Appeals for the Seventh Circuit · Apr 25, 1975

The present case is different because here the indictment clearly charged both acts upon which defendant Reed could have been convicted. … Yet he completed a ballot application showing the Ogden address in order to qualify to vote in the first precinct.

United States v. Ethan Stangland, United States of America v. Max Munk

242 F.2d 843 · Court of Appeals for the Seventh Circuit · Apr 3, 1957

Defendants urge that the Act violates the privileges and immunities clause of Article IV, Section 2. The gravamen of this argument is that the Act is not applied uniformly. The short answer is supplied by Currin v. … Smith, 307 U.S. 38 , 59 S.Ct. 648 , 83 L.Ed. 1092 , wherein it was established that the standards set forth in the statute are sufficient, as they are concisely and clearly defined.

Bratton v. Roadway Package System, Inc.

77 F.3d 168 · Court of Appeals for the Seventh Circuit · Feb 22, 1996

Bratton exactly how to qualify Mrs. Bratton and have the van approved. Mr. … However, because there arc other regulations that clearly apply to Mrs. Bratton and her driving of the van that were admittedly not complied with, it is unnecessary for us to determine the issue. Mr.

Nicholas Webb v. Financial Industry Regulatory

889 F.3d 853 · Court of Appeals for the Seventh Circuit · May 8, 2018

FINRA removed the dispute to federal court, where it moved to dismiss on multiple grounds, including arbitral immunity. The district court held that FINRA was entitled to arbitral immunity and dismissed the suit. … Federal jurisdiction is rarely established on this basis. Hartland Lakeside Joint No. 3 School Dist. v. WEA Ins. Corp. , 756 F.3d 1032 , 1033 (7th Cir. 2014).

National Fidelity Life Insurance Co. v. Joan Karaganis

811 F.2d 357 · Court of Appeals for the Seventh Circuit · Feb 2, 1987

A motion for judgment on the pleadings may be granted only if the moving party clearly establishes that no material issue of fact remains to be resolved and that he or she is entitled to judgment as a matter of law. … Similarly, the law does not permit a covenant of immunity to be drawn that will protect a person against his own fraud; such a covenant is unenforceable because of public policy.

Sandra K. LOYD, Plaintiff-Appellant, v. PHILLIPS BROTHERS, INC., Defendant-Appellee

25 F.3d 518 · Court of Appeals for the Seventh Circuit · May 27, 1994

Because Loyd’s interest in a J-l apprenticeship (that is her desire for and willingness to accept the position) was established — as were the facts that she was qualified for the job, that she was not offered the job yet … I apprentices” (despite the stipulated facts apparently establishing the contrary).

Lorene Mann v. Meldon Vogel

707 F.3d 872 · Court of Appeals for the Seventh Circuit · Feb 22, 2013

The district court dismissed the State of Illinois on sovereign immunity grounds; Mann does not appeal that decision. … Vogel and Sherrard filed a Rule 12(b)(6) motion to dismiss, contending that Mann failed to state a claim against them and, alternatively, that they were entitled to qualified immunity.

United States v. Maria Carmen Castillo De Gudino and Nicolas Gudino-Ortega

722 F.2d 1351 · Court of Appeals for the Seventh Circuit · Dec 28, 1984

The defendants argue that these questions were important in establishing the bias or motives of Cortez and that their exclusion violated the sixth amendment. … In the present case, the contents of the lists clearly show that their author was familiar with the workings of the conspiracy.

Dytaniel McBride v. Brian Grice

Court of Appeals for the Seventh Circuit · Aug 11, 2009

S TAT. 5/7-3, gave him the right to escort a disrup- tive person out of his store and that a different video from a second camera clearly shows the entire incident. … City of Chicago, 215 F.3d 758, 770-71 (7th Cir. 2000), in which we held that, on the facts alleged in the complaint in that case, the police- officer defendants could not rely on qualified immunity as a ground for dismissal

Graham, Lee E. v. Hildebrand, W.K.

203 F. App'x 726 · Court of Appeals for the Seventh Circuit · Oct 30, 2006

Since the officers claimed qualified immunity, the Grahams were required to establish both that a reasonable jury could find from the evidence that the officers violated a constitutional right, and that the right was clearly … We now consider whether it was clearly established that the use of pepper spray would constitute excessive force under these circumstances.

United States v. Kenneth R. Lenoir

318 F.3d 725 · Court of Appeals for the Seventh Circuit · Feb 26, 2003

Clearly, armed robbery always presents the potential for serious injury to another person. … Clearly, Lenoir was willing to put up some fight before being apprehended.

United States v. Koerth, Larry L.

Court of Appeals for the Seventh Circuit · Dec 5, 2002

We evaluate an officer’s good-faith reliance with an analysis similar to that used in cases involving the af- firmative defense of qualified immunity. See Olson v. … Sturz acted in objective good faith, and the evidence seized by the drug task force was properly admitted, because it was not clearly established on August 31, 2000 that Inv.

Entertainment Softwa v. Blagojevich, Rod

Court of Appeals for the Seventh Circuit · Nov 27, 2006

The Attorney General argues that the plaintiffs have only established a “general connection” between her duties and powers and the SEVGL but not the specific connection necessary to overcome sovereign immunity. … We need not spend time determining whether this is a compelling interest; it clearly is.7 See Ashcroft v.

Shawn Riley v. David Ewing

Court of Appeals for the Seventh Circuit · Sep 17, 2019

Ewing sought summary judgment on this claim on qualified‐immunity grounds. Qualified immunity shields government officials from suits for damages if they did not violate a clearly established federal right. … Because Ewing did not violate a clearly established federal right, qualified immunity bars this claim. See Pearson v. Callahan, 555 U.S. 223, 236 (2009).

A R Inc. v. Electro-Voice, Incorporated

311 F.2d 508 · Court of Appeals for the Seventh Circuit · Dec 28, 1962

The claims recite and employ formulae and equations but Villchur’s deposition establishes that these are standard formulae and equations, and that the concluding formula of each claim is a resonant frequency equation true … And, we do not find anything in the deposition testimony of Villchur or his affidavit, accepting it as we do as the testimony of a qualified expert in the field, which precipitates a genuine factual issue material to the