Case law

Miami Nation of Indians of Indiana, Inc. v. United States Department of the Interior

255 F.3d 342 · Court of Appeals for the Seventh Circuit · Jun 15, 2001

Congress has passed a number of statutes granting various benefits and immunities to Indian tribes, provided they are recognized by the federal government. … This is clearly incorrect, see 25 U.S.C. §§ 2 , 9; James v. HHS, 824 F.2d 1132, 1137 (D.C.Cir.1987); Western Shoshone Business Council v.

United States v. Musa "Moses" Sweiss

814 F.2d 1208 · Court of Appeals for the Seventh Circuit · Apr 28, 1987

However, we hold that the defendant did not establish a sufficient foundation at trial to require the district court to admit the August tape. … The prejudicial impact of its exclusion, however, clearly did not rise to the level of an abuse of discretion. AFFIRMED. 1 .

Freedom From Religion Foundation, Inc. v. Bugher

249 F.3d 606 · Court of Appeals for the Seventh Circuit · Apr 27, 2001

City of Marshfield, 203 F.3d 487, 490 (7th Cir. 2000) (citation omitted). 9 The Establishment Clause, which states that "Congress shall make no law respecting the establishment of religion," U.S. const. amend. … Therefore, until the Supreme Court has clearly overruled Nyquist, we must apply its holding, which "directly controls" this case. See Agostini, 521 U.S. at 237 .

Nino Franklin v. Randy Keyes

30 F.4th 634 · Court of Appeals for the Seventh Circuit · Apr 4, 2022

As we’ve noted, when Franklin was sentenced in federal court in 2014, Eighth Circuit precedent clearly held that this crime categorically matched generic burglary. Maxwell, 363 F.3d at 821. … Bailey postdated his § 2255 motion, so he “could not use a first motion under [§ 2255] to obtain relief on a basis not yet established by law.” Id. at 610.

Wyatt v. Syrian Arab Republic

800 F.3d 331 · Court of Appeals for the Seventh Circuit · Aug 31, 2015

Terrorism and the Foreign Sovereign Immunities Act The default rule of United States law is that foreign states are immune from suit and attachment of assets in United States courts, but the Foreign Sovereign Immunities … The district court clearly had jurisdiction to deny the Wyatt plaintiffs’ motion to stay the release of the funds.

Brady v. Sullivan

893 F.2d 872 · Court of Appeals for the Seventh Circuit · Sep 29, 1989

The Social Security Administration denied Brady’s claim on May 10, 1974, on the basis that his relationship to the wage earner had not been established. … The Secretary maintains that the venue provision of section 405(g) is a conditional waiver of sovereign immunity, and that, contrary to the plaintiff's assertion, venue has never been waived in this case.

In the Matter of Continental Illinois Securities Litigation. Appeal of Continental Illinois Corp. & Continental Illinois National Bank & Trust Co. Of Chicago

732 F.2d 1302 · Court of Appeals for the Seventh Circuit · Jun 20, 1984

Whether the material is damaging is a consideration apart from attorney-client privilege or work product immunity. … Thereafter, the court proceeded to establish ground rules for the decision in the case before it where a demand had not been made but was excused.

United States v. Leon Smallwood

188 F.3d 905 · Court of Appeals for the Seventh Circuit · Aug 26, 1999

(Id.) 2 These findings were not clearly erroneous. Therefore, the district court correctly denied Smallwood’s motion to suppress. See United States v. … Accordingly, the district court did not clearly err when it denied Smallwood’s motion to dismiss the venire.

United States v. Collins

796 F.3d 829 · Court of Appeals for the Seventh Circuit · Aug 11, 2015

The district judge made no clear error in concluding withdrawal of Collins’ plea was unwarranted, or in finding Collins did not qualify for an acceptance of responsibility adjustment. … Factual findings as to whether a defendant had a “fair and just” reason to withdraw a plea are upheld unless they are clearly erroneous. Id.

Gregory W. Moore v. J.B. Hunt Transport, Inc., D/B/A J.B. Hunt Driver Training Center

221 F.3d 944 · Court of Appeals for the Seventh Circuit · Jul 19, 2000

To establish disability discrimination, Mr. … Because rheumatoid arthritis is a physiological condition that affects the musculoskeletal system, it clearly qualifies as an impairment. 4 . .Mr.

Dr. Thaddeus Malak v. Associated Physicians, Inc.

784 F.2d 277 · Court of Appeals for the Seventh Circuit · Feb 24, 1986

The fact that Dennis involved judicial immunity does not detract at all from this conclusion. … , 101 S.Ct. at 186 , so that clearly the conduct of a private defendant remains state action when the public defendants are not immune from damage liability.

United States v. Darif, Anouar

Court of Appeals for the Seventh Circuit · May 3, 2006

She asserted her Fifth Amendment privilege against self incrimination, was offered immunity to testify, and accepted immunity. … The district court reasoned: Clearly, Defendant and Ms.

United States v. Matthew Elder

900 F.3d 491 · Court of Appeals for the Seventh Circuit · Aug 15, 2018

It is well established that “[m]andatory minimum sentences in- crease the penalty for a crime.” Alleyne v. United States, 570 U.S. 99, 103 (2013). … factors historically relied on by the Su- preme Court to justify the categorical approach support its application to § 841(b)(1)(A) and § 802(44), and we adopt that approach. 11 The text of § 841(b)(1)(A) and § 802(44) clearly

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.

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

United States v. Wilson

715 F.2d 1164 · Court of Appeals for the Seventh Circuit · Jan 9, 1984

First, defendants claim that the establishment of C.W.' … Thus, we hold that the district court properly denied defendants' request to order use immunity for certain witnesses, and that there was no abuse of discretion in the government's decision not to confer immunity. IX.

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 .

Industrial Electronics Corp. Of Wisconsin v. Ipower Distribution Group, Inc.

215 F.3d 677 · Court of Appeals for the Seventh Circuit · May 31, 2000

Under these well established principles, Industrial Electronics cannot bring a suit to assert rights under the franchise agreement for injuries to the association or indirectly to the members as shareholders. … However, because we hold that Industrial Electronics may only assert claims under the association agreement or as a third-party beneficiary of the franchise agreement, the immunity conferred by the Wisconsin LLC does not

Miguel Rosiles-Camarena v. Eric Holder, Jr.

735 F.3d 534 · Court of Appeals for the Seventh Circuit · Aug 21, 2013

The   Board   thinks   it   unacceptable   to   have   one   IJ   assert   that   conditions   in   Mexico   are   horrible,   while   another   deems   them   fine,   and   to   have   both   conclu-­‐‑ sions  immune  to … When   a   decision   de-­‐‑ pends   on   the   characteristics   of   non-­‐‑litigants,   however,   and   establishes  a  rule  with  broad  scope,  the  appellate  role  can  be   more  substantial.  

Granados v. Reivitz

776 F.2d 180 · Court of Appeals for the Seventh Circuit · Oct 31, 1985

Sec. 1381 et seq., for three of the four categorically needy programs. 3 SSI persons qualify automatically for medical assistance. … (state immunity is a question for the legislature). 24 Nor were we able to find in the Social Security Act any indication of congressional intent to waive the state's immunity to suit in federal court.