Case law

Arnett, Dave v. CIR

Court of Appeals for the Seventh Circuit · Jan 16, 2007

Under section 911, qualified individuals may exclude, within statutory limits,1 foreign earned income from their 1 For calendar year 2001 the exclusion was limited to $78,000. 26 U.S.C. § 911(b)(2)(D)(i). … When Congress replaced the deduction for foreign earned income established by the Foreign Earned Income Act of 1978, Pub. L.

Thompson v. Illinois Department Of Professional Regulation

300 F.3d 750 · Court of Appeals for the Seventh Circuit · Aug 7, 2002

The court also found Director Sherman was entitled to qualified immunity. Thompson appeals the dismissal of Counts I and III, and the denial of his motion for leave to file a third amended complaint. ANALYSIS A. … immunity. 25 D.

Jason White v. United States

8 F.4th 547 · Court of Appeals for the Seventh Circuit · Aug 9, 2021

Given Johnson, the govern- ment continued, White may have established cause. … So he has not established cause for his procedural default.

Wos v. Sheahan

57 F. App'x 694 · Court of Appeals for the Seventh Circuit · Dec 17, 2002

Wos’ own description of events during the roadside safety check established that no unreasonable search, seizure, or arrest occurred, and so the district court correctly dismissed those claims. Second, Mr. … Wos has failed to state any claim against deputies Farrinella and Reinhart, we need not consider the issue of whether the deputies were protected by qualified immunity. Next we turn to Mr.

Timms ex rel. Timms v. Metropolitan School District of Wabash County

722 F.2d 1310 · Court of Appeals for the Seventh Circuit · Nov 18, 1983

It concluded that the compensatory education order, unlike damages, was prospective and therefore not barred by the state’s immunity. 1 Similarly, it might be argued that Indiana’s obligation to provide Sarah Timms a free … The Policy clearly states that for handicapped and non-handicapped children alike “School Day shall mean a minimum length of five (5) hours in grades 1 through 6, and six (6) hours in grades 7 through 12,” but it does not

Laura L. OST, Plaintiff-Appellant, v. WEST SUBURBAN TRAVELERS LIMOUSINE, INC., Defendant-Appellee

88 F.3d 435 · Court of Appeals for the Seventh Circuit · Jul 1, 1996

Ost has established that West Suburban had the requisite number of employees to qualify as an "employer" for purposes of Title VII. … First, she must establish a prima facie ease of discriminatory intent by showing: (1) that she belongs to a protected category; (2) that she applied and was qualified for a job for which the employer was seeking applicants

54 Fair empl.prac.cas. 430, 54 Empl. Prac. Dec. P 40,334 United Association of Black Landscapers, Eddie Martin, Thomas H. Wynn, Jr., Harold Burris, Lloyd Mayweather, Jose Rosales, Charles Burton, Rufus Powell, John Doe, and Jane Doe, Plaintiffs v. City of Milwaukee, Department of Public Works, Bureau of Forestry, of the City of Milwaukee, Robert Skiera, City Forester for the City of Milwaukee, Richard Meyer, Assistant City Forester for the City of Milwaukee, John Norquist, Mayor for the City of Milwaukee, E. Frank Bridges, President, Board of City Service Commissioners of the City of Milwaukee, and City Service Commission of the City of Milwaukee

916 F.2d 1261 · Court of Appeals for the Seventh Circuit · Oct 29, 1990

Rule 56 of the Federal Rules of Civil Procedure clearly requires that an adverse party set forth specific facts showing a genuine issue for trial. 17 Posey v. … Specifically, Martin failed to show that he was qualified for the position he sought.

Cornelius Weathers v. Bethlehem Steel Corporation

52 F.3d 329 · Court of Appeals for the Seventh Circuit · Apr 20, 1995

not hiring the plaintiff. 17 To establish his prima facie case, Mr. … To establish a prima facie case of retaliation under Title VII, Mr.

Golden Years Homestead, Inc. v. Buckland

557 F.3d 457 · Court of Appeals for the Seventh Circuit · Feb 19, 2009

They focused their arguments, however, on certain affirmative defenses (most notably collateral estoppel and qualified immunity) and the sufficiency of the evidence on the federal claims. … He established that the charges had been initiated by store employees whom he had previously turned in for sexual harassment and theft. 471 N.E.2d at 1254 .

In the Matter of Otis L. Dunn, Sr., Debtor-Appellee. Appeal of State of Illinois

988 F.2d 45 · Court of Appeals for the Seventh Circuit · Mar 9, 1993

ANALYSIS It is well established that the jurisdiction of the federal courts is limited by Article III of the Constitution to “ongoing cases or controversies.” Lewis v. … The Supreme Court has stated explicitly that “a State clearly has a legitimate interest in the continued enforceability of its own statutes” and has held that this interest is sufficient to “satisfy the constitutional requirement

Bielanski, Lorri v. County of Kane

Court of Appeals for the Seventh Circuit · Dec 18, 2008

The court also posited that the defen- dants would have been entitled to qualified immunity on the Brady claim. … However, because it was not clearly established that a summons and pretrial restrictions constituted a Fourth Amendment seizure, the court found the defendants were entitled to qualified immunity. 168 F.3d at 862.

United States v. Claudius Fincher

929 F.3d 501 · Court of Appeals for the Seventh Circuit · Jul 9, 2019

During the early stages of this case, it appeared Fincher might qualify for safety‐valve relief because he had no crimi‐ nal history. … The Supreme Court established in Apprendi that the Sixth Amendment and the Due Process Clause of the Fifth Amend‐ ment, taken together, “indisputably entitle a criminal defend‐ ant to ‘a jury determination that [he] is guilty

Bunn v. Fed. Deposit Ins. Corp.

908 F.3d 290 · Court of Appeals for the Seventh Circuit · Nov 8, 2018

We agree with the district court that the benefit meets this definition, and Bunn has presented no evidence sufficient to establish the benefit qualifies for the bona fide deferred compensation plan exception to such a payment … This clause could refer to the type of supplemental benefit § 359.1(d)(2)(ii) contemplates, but it does not clearly place the Agreement under its purview. Cf. Mulholland v. FDIC , 12-cv-1415, 2014 WL 2593645 , at *4 (D.

Jackson v. Indian Prairie School District 204

653 F.3d 647 · Court of Appeals for the Seventh Circuit · Aug 11, 2011

Making a bad decision, or even acting negligently, does not suffice to establish the type of conscience-shocking behavior that results in a constitutional violation. … immunity; and No. 10-2290 19 that the defendants’ policies and practices proximately caused Jackson’s injuries.

United States v. Jeanette Grigsby

692 F.3d 778 · Court of Appeals for the Seventh Circuit · Aug 29, 2012

A guilty- plea proceeding is not limited to establishing the factual basis for the plea; it also lays some of the groundwork for the sentence. … There can, of course, be more than one person who qualifies as a leader or organizer of a criminal associa- tion or conspiracy.

Spiegel v. Continental Illinois National Bank

790 F.2d 638 · Court of Appeals for the Seventh Circuit · Jun 11, 1986

A brief such as Spiegel's that fails to clearly and cogently present arguments for overturning the district court decision is of little or no help to this court and causes us to doubt whether the appellant prosecuted the … Further, Ill.Rev.Stat.Ch. 17, p 1653(1) provides: "A person establishing a trust may specify in the trust instrument the rights, powers, duties, limitations and immunities applicable to the trustee, beneficiary and others

Spiegel, Inc. v. Federal Trade Commission

494 F.2d 59 · Court of Appeals for the Seventh Circuit · Mar 18, 1974

Suffice to say that the statements are clearly designed to attract credit customers to Spiegel’s offers. … The thrust of the four paragraphs in the Commission’s order is a requirement that the credit conditions, relating to both prospective and established customers, be stated “clearly and conspicuously in immediate conjunction

Lamar Stutzman and Rhonda Stutzman v. Crst, Incorporated, an Iowa Corporation, and Ferman Brown

997 F.2d 291 · Court of Appeals for the Seventh Circuit · Jun 21, 1993

The rules at issue regulate process rather than establish substantive rights. … In fact, the testimonies are clearly based on medical opinions—trauma can aggravate spondylolisthesis—and examinations of Mr. Stutzman.

Stephen D. Zook, Cross-Appellee v. Joseph T. Brown, William v. Mosher and Champaign County, Cross-Appellants

865 F.2d 887 · Court of Appeals for the Seventh Circuit · Jan 17, 1989

The district court found, and we agree, that Zook’s letter to the editor did constitute a “testimonial” in favor of Arrow Ambulance Service, and the letter clearly identifies Zook as a Champaign County deputy. … We also upheld the district court’s determination that two of the named defendants, Sheriff Joseph Brown and Chief Deputy William Mosh-er, were entitled to qualified immunity from liability for damages.

Indianapolis Minority Contractors Ass'n v. Wiley

187 F.3d 743 · Court of Appeals for the Seventh Circuit · Aug 13, 1999

3), a plaintiff must demonstrate four elements: (1) a conspiracy; (2) a purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities … Alford is qualified to testify concerning any such body of knowledge.