Case law

United States v. Kenyatta Brack, Patrick Henderson, Willie Tyler, Nicholas Martinez, Maurita Stovall, and Dana Richardson

188 F.3d 748 · Court of Appeals for the Seventh Circuit · Aug 6, 1999

Even if it is, the affidavit clearly demonstrated a nexus between the drugs and the hotel room when it established that Brack had been selling drugs out of Room 109, and conditioned the execution of the search warrant on … This holding was not clearly erroneous.

Knowlin, Lee v. Thompson, Pat

Court of Appeals for the Seventh Circuit · Mar 23, 2000

If Knowlin chose to test the legality of the proposed extradition, he was to be taken before a judge and allowed a reasonable amount of time to apply for a writ of habeas corpus, a proceeding in which the court could establish … The defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that Knowlin failed to state a claim upon which relief could be granted and, alternatively, that they were entitled to qualified immunity

Lori L. Leisen v. City of Shelbyville

153 F.3d 805 · Court of Appeals for the Seventh Circuit · Aug 31, 1998

established, the City did not breach its duty to accommodate her. … Weigel, 122 F.3d at 462, 469 , and not just an episodic problem that might not even qualify under the Act, see 29 C.F.R. § 1630.2 (j)(2)(ii), the evidence showed only that Leisen simply could not qualify as a paramedic.

Miranda v. Chandler

405 F. App'x 52 · Court of Appeals for the Seventh Circuit · Dec 16, 2010

Since the state appellate court considered his claims on the merits, we can overturn its decision only if it is contrary to or involves an unreasonable application of clearly established federal law, or was based on an unreasonable … We agree with the district court that the state court’s decision was not contrary to or an unreasonable application of clearly established federal law.

United States v. Randy K. Gometz

730 F.2d 475 · Court of Appeals for the Seventh Circuit · Mar 13, 1984

The “qualified jury wheel” contains the names of those persons whose responses on the forms indicate that they are qualified for jury service. … Santos, 588 F.2d 1300 (9th Cir.1979), supports our position; it held that the failure to pursue nonresponders did not violate the Act, because “§ 1864(a) clearly provides for discretionary follow-up,” id. at 1303 (emphasis

VHC, Inc. v. CIR

Court of Appeals for the Seventh Circuit · Aug 6, 2020

Here, the Tax Court determined that VHC had neither met its burden to substantiate its claimed business expenses nor established that the claimed business expenses, if substanti- ated, qualified for the deduction under § … It has not done so and thus cannot establish its entitlement to the deduction. III.

Lateirra R. Sublett v. John Wiley & Sons, Inc. & Wiley Publishing, Inc.

463 F.3d 731 · Court of Appeals for the Seventh Circuit · Sep 13, 2006

She therefore has the initial burden of establishing a prima facie case of race discrimination by showing that: “1) she is a member of a protected group; 2) she was qualified for the position sought; 3) she was rejected for … class and was not as qualified as the plaintiff.

Walker v. Sheahan

526 F.3d 973 · Court of Appeals for the Seventh Circuit · May 14, 2008

Finally, Walker’s evidence is insufficient to establish a “code of silence.” … erroneous factual findings; or (4) the decision clearly appears arbitrary.

Royce Brown v. John F. Caraway

719 F.3d 583 · Court of Appeals for the Seventh Circuit · May 10, 2013

In re Davenport, 147 F.3d 605 (7th Cir. 1998), established three conditions for this exception to apply. Id. at 610-12. … qualifies. 11 Del.

McCullah, George E. v. Gadert, Mark

Court of Appeals for the Seventh Circuit · Sep 22, 2003

qualified immunity. … First, the district court correctly concluded that McCullah has failed to al- lege a policy or practice that can establish municipal liability.

VHC, Inc. v. CIR

Court of Appeals for the Seventh Circuit · Aug 6, 2020

Here, the Tax Court determined that VHC had neither met its burden to substantiate its claimed business expenses nor established that the claimed business expenses, if substanti- ated, qualified for the deduction under § … It has not done so and thus cannot establish its entitlement to the deduction. III.

Michael Dyke v. O'Neal Steel, Inc.

327 F.3d 628 · Court of Appeals for the Seventh Circuit · May 5, 2003

In order to establish disability discrimination, Dyke must “show that (1) he is disabled within the meaning of the ADA[,] (2) he is qualified to perform the essential functions of the job either with or without reasonable … Clearly, Dyke’s monocular vision is not actually substantially limiting.

Israel Reyes-Cornejo v. Eric H. Holder, Jr.

734 F.3d 636 · Court of Appeals for the Seventh Circuit · Oct 28, 2013

Reyes-Cornejo had to show extreme hardship on the part of a qualifying relative. … the qualifying relative’s family ties outside the United States; the conditions in the country or countries to which the qualifying relative would relocate and the extent of the qualifying

Michael Stern v. St. Anthony's Health Center

788 F.3d 276 · Court of Appeals for the Seventh Circuit · Jun 4, 2015

Office of the Chief Judges of the 12th, 18th, 19th, & 22nd Judicial Circuits, 601 F.3d 674, 679 (7th Cir. 2010) (quotation omitted); see 29 C.F.R. § 1630.2(n)(3) (“Evi- be required to establish that he is a “qualified individual … However, to establish disability discrimination, even using direct evidence, a plaintiff must establish that he is qualified to perform the essential functions of his job either with or without reasonable accommodation.

State Bank of India v. National Labor Relations Board, State Bank of India v. National Labor Relations Board, Local 6, International Federation of Health Professionals, Afl-Cio, Intervening Party National Labor Relations Board v. State Bank of India

808 F.2d 526 · Court of Appeals for the Seventh Circuit · Dec 11, 1986

The NLRA and its legislative history clearly establish that Congress did not intend to exempt from NLRA jurisdiction a foreign enterprise with substantial commercial operations in this country and employing American residents … In this case our duty is clearly laid out by the text of the statute itself: 45 "As to any claim for relief with respect to which a foreign state is not entitled to immunity ... the foreign state shall be liable in the same

United States v. Andre L. Jones

689 F.3d 696 · Court of Appeals for the Seventh Circuit · Jul 27, 2012

The Supreme Court has heard four ACCA residual-clause cases in fairly rapid succession in an effort to clarify the open-ended language of the clause and to establish a framework for how to distinguish crimes that qualify … Id. at 2275 (“In general, levels of risk divide crimes that qualify from those that do not.”).

Velasco, Fe A. v. IL Dept Human Servic

Court of Appeals for the Seventh Circuit · Apr 12, 2001

Her race discrimination count is clearly not timely. See generally Brown v. Hartshorene Pub. Sch. … /6 To establish a prima facie case of retaliation under Title VII, Velasco must prove that (1) she engaged in statutorily protected expression; (2) she suffered an adverse action by her employer; and (3) there is a causal

Cler v. Illinois Education Association

423 F.3d 726 · Court of Appeals for the Seventh Circuit · Sep 9, 2005

Cler points to the fact that earlier in the complaint she clearly alleged that both the IEA and DuShane plans are welfare benefit plans for purposes of ERISA, thereby putting the defendants on notice that she was pursuing … This mode of evaluating whether the complaint states an ERISA claim is clearly flawed. 16 Our own research has disclosed no cases attempting to define the phrase "prepaid legal services" as used in ERISA.

Joseph R. Anderer, Jr. v. Police Chief Arthur Jones

412 F.3d 794 · Court of Appeals for the Seventh Circuit · Jun 21, 2005

Anderer’s repeated refusals to speculate as to the cause of JR’s nosebleed were entirely consistent with his clearly established Fifth Amendment rights, and as such may not be used as a factor which would increase the “probability … The record clearly establishes the fact that officers knew that JR had been prescribed, and was supposed to have been ingesting, a variety of psychotropic medications, and that he had failed to take those medications that

Jansen v. Aaron Process Equipment Co.

149 F.3d 603 · Court of Appeals for the Seventh Circuit · Jul 9, 1998

The Supreme Court decided that the statutory immunity to a direct action by the employee did not logically lead to a similar immunity from a contribution claim. Doyle, 77 Ill.Dec. 759 , 461 N.E.2d at 388 . … After Doyle was decided, the IHinois Supreme Court qualified its reach in Kotecki by holding that the employer’s contribution liability was limited to the amount it could be required to pay under the workers’ compensation