Case law
Opinions from 1658 to today.
9,632 results
1.74s
Gregory Kozlowski v. Gregory Van Rybroek
Court of Appeals for the Seventh Circuit · Jun 4, 2019
Kozlowski cannot demonstrate that the defendants violated a clearly established federal right. … Government officials receive qualified immunity from damages when their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known”—the right must be defined
Cited 0 timesUnpublishedDouglas M. Grimes v. William (Bill) Smith, Jr.
776 F.2d 1359 · Court of Appeals for the Seventh Circuit · Nov 26, 1985
The primary question presented in this ■ appeal is whether proof of a wholly non-racial but politically motivated conspiracy among private parties to mislead voters in a city primary election establishes a right to relief … And assisted by testimony of the plaintiffs’ well-qualified expert witness, Dr.
Cited 107 timesPublished493 F.3d 782 · Court of Appeals for the Seventh Circuit · Jul 3, 2007
Accordingly, the court had to establish an alternative means of ascertaining the hours worked in order to determine the proper amount of contributions due to the Funds. … Accordingly, under Daubert , Hull and Parr were qualified to offer expert testimony regarding the rate of drywall taping.
Cited 63 timesPublished496 F.2d 777 · Court of Appeals for the Seventh Circuit · Jun 5, 1974
On July 8, 1970, the Brotherhood of Railway and Airline Clerks (BRAC) struck against NWA and established picket lines. … The dispute was clearly one solely between the union and its ex-member. Farowitz merely sought reinstatement in the union and damages.
Cited 29 timesPublishedDon Goldhamer v. Alfred Nagode
Court of Appeals for the Seventh Circuit · Sep 2, 2010
As a general rule, the fact that a person was previously prosecuted for violating a law is insufficient by itself to establish that person’s standing to request injunctive relief. See Steel Co. v. … Judge Aspen granted summary judgment for the plaintiffs as to liabil- ity and held that the defendant police officers were not entitled to qualified immunity because it was clear that they had arrested the plaintiffs without
Cited 0 timesPublishedKathleen Hagan v. Patrick Quinn
Court of Appeals for the Seventh Circuit · Aug 14, 2017
were thus entitled to qualified immunity. … The court held in the alternative that defendants were entitled to qualified immun‐ ity.
Cited 0 timesPublishedUnited States v. Barney Grabiec
563 F.2d 313 · Court of Appeals for the Seventh Circuit · Sep 2, 1977
The disposition of a Rule 14 motion alleging prejudicial joinder of defendants is a matter clearly directed to the discretion of the trial court. … Defendant also points to the prosecutor’s remarks about the grant of immunity to William Organ and his reference to a letter of determination being missing from the Department of Labor file.
Cited 37 timesPublishedJoshua Bunn v. Khoury Enterprises, Inc.
753 F.3d 676 · Court of Appeals for the Seventh Circuit · May 28, 2014
In order to establish a claim for failure to accommo- date, a plaintiff must show that: (1) he is a qualified individual with a disability; (2) the employer was aware of her disability; and (3) the employer failed to reasonably … Even if we assume that Khoury subjected Bunn to an “adverse employment action”—an assumption which is not clearly supported by the evidence of record1—he has suggested only three items which he believes will prove that such
Cited 311 timesPublished713 F.2d 335 · Court of Appeals for the Seventh Circuit · Aug 8, 1983
It is well established that the definitions of food and drug are normally not mutually exclusive; an article that happens to be a food but is intended for use in the treatment of disease fits squarely within the drug definition … “anti-fat remedies” and “slenderizers” qualify as drugs under that Section.
Cited 18 timesPublishedStephen H. Loy v. Robert A. Clamme
804 F.2d 405 · Court of Appeals for the Seventh Circuit · Oct 29, 1986
Appellees filed motions to dismiss Loy’s complaint, arguing that official immunity, collateral estoppel and the failure to state a claim upon which relief could be granted all required dismissal. … an issue of first impression whose resolution was not clearly foreshadowed. ...
Cited 30 timesPublishedNathan D. Alexander, Ii, and Amy Gepfert v. Joseph Deangelo
329 F.3d 912 · Court of Appeals for the Seventh Circuit · May 22, 2003
But we have yet to consider the defense of qualified immunity. Although the principle that battery under color of law is actionable under section 1983 is well established, Rogers v. … Wellham, supra, 104 F.3d at 628 , a plaintiff does not defeat the immunity defense “simply by alleging violation of extremely abstract rights....
Cited 34 timesPublished52 F. App'x 855 · Court of Appeals for the Seventh Circuit · Dec 5, 2002
better qualified for the position. … But even assuming that Karim was better qualified than Han, his credentials were not clearly superior, and therefore a reasonable employer could have concluded that Han was the better person for the job.
Cited 0 timesPublished392 F.3d 896 · Court of Appeals for the Seventh Circuit · Dec 17, 2004
Most *900 pertinently, the standards establish general and particular medical requirements. … On this rec *909 ord, the agency has not established otherwise.
Cited 75 timesPublished107 F.4th 777 · Court of Appeals for the Seventh Circuit · Jul 12, 2024
Having resolved the merits of Davis’s claim, the court de- clined to address the defendants’ qualified immunity defense. … The Fourteenth Amendment standard does not require a pretrial detainee to prove the defendant’s subjective aware- ness of the risk of harm to establish liability.
Cited 18 timesPublishedMetlyn Realty Corp. v. Esmark, Inc.
763 F.2d 826 · Court of Appeals for the Seventh Circuit · May 16, 1985
This finding is not clearly erroneous. … We are satisfied, though, that it is not clearly erroneous. AFFIRMED. .
Cited 126 timesPublishedSubhen Ghosh v. Indiana Department of Environmental Management
192 F.3d 1087 · Court of Appeals for the Seventh Circuit · Oct 4, 1999
The job notice for the position clearly instructed applicants to submit both a resume and an application. … However, Daugherty’s resume clearly listed extensive experience in solid waste at IDEM, while Ghosh was employed exclusively in IDEM’s wastewater inspection section.
Cited 33 timesPublishedUnited States v. Norris W. Jackson
103 F.3d 561 · Court of Appeals for the Seventh Circuit · Feb 7, 1997
Clearly, Bailey has rendered the challenged jury instruction an incorrect statement of law. … Jackson’s 1990 conviction qualifies as a controlled substance offense under the Sentencing Guidelines, and therefore, the district court’s classification of Jackson as a career offender was not clearly erroneous. B.
Cited 73 timesPublishedEugene Lufman v. United States
500 F.2d 1283 · Court of Appeals for the Seventh Circuit · Aug 7, 1974
Lufman refused to comply with the court’s order after the grant of immunity had been given and persisted in invoking his rights under the Fourth and Fifth Amendments. … Clearly, if the civil and criminal sentences could have been imposed simultaneously by the court on June 26, as the United, Mine Workers case holds, it scarcely can be argued that the court’s failure to invoke the criminal
Cited 2 timesPublishedVivian M. Myles and B.K. Myles v. General Agents Insurance Company of America, Inc.
197 F.3d 866 · Court of Appeals for the Seventh Circuit · Nov 30, 1999
This type of use is clearly routine. … In the present case, we need not determine whether one can be an occasional user of a car that is furnished for regular use because Vivian’s use clearly fails to qualify as use for emergency purposes.
Cited 4 timesPublished556 F.2d 394 · Court of Appeals for the Seventh Circuit · Jun 2, 1977
We have surveyed the evidentiary record and conclude that the finding is not clearly erroneous. Fed.R.Civ.P. 52(a). In Amalgamated Assoc., etc., Div. 998 v. … Even a clearly established negligence may not of itself be a sufficient ground for refusing relief, if it appears that the other party has not been prejudiced thereby.’ ” Id.
Cited 5 timesPublished
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