Case law

United States v. Evan Woods

233 F.3d 482 · Court of Appeals for the Seventh Circuit · Nov 27, 2000

Even assuming Woods’ recitation of events is accurate, he has still failed to establish the prejudice prong under Strickland. … Woods does not dispute that he has two qualifying violent felonies: his Illinois convictions in 1981 (attempted armed robbery) and 1988 (robbery). 5 .

Enrique Pardo, Cross-Appellant v. Paul Hosier, Louis Lowery, Kent Mills, Lieutenant Richard Foster, W.R. McNamara W.C. Wheat, James Dooley, Ferdinand Klaren, Frank Zeimetz, J.W. Fairman, Jr., R.F. Harweger and Richard De Los Santos, Cross-Appellees. Lacarttle Jones, Cross-Appellant v. Louis O. Lowery, Kent Mills, and Kathy Frederick, Cross-Appellees

946 F.2d 1278 · Court of Appeals for the Seventh Circuit · Oct 30, 1991

However, the district court found that the defendants were entitled to qualified good faith immunity and granted partial summary judgment in their favor. Id. at 702 . … We find, however, that the regulation at issue does not create a liberty interest and so we need not address the issue of defendants' qualified immunity. 26 The relevant regulation, A.R. 804(C)(2), provides that: 27 The shift

Harris Roach v. City of Evansville, Evansville Police Department by Art Gann, in His Official Capacity

111 F.3d 544 · Court of Appeals for the Seventh Circuit · Apr 16, 1997

against Whitlow, that he violated Section 1983 by trying to extort money from Roach, Whitlow argued that he could not be held hable under Section 1983 unless he knew or should have known he was violating the plaintiffs clearly … established rights.

Gerald Judge v. Roland Burris

624 F.3d 352 · Court of Appeals for the Seventh Circuit · Sep 24, 2010

Governor Quinn urged the court to reject that idea, arguing that an entirely novel qualifying procedure would be much too complicated to implement in the short time that remained. … Sanders, 376 U.S. 1, 6-7 (1964) (noting that “nothing in the language of [the Elections Clause] gives support to a construction that would immunize state congressional apportionment laws which debase a citizens right to vote

United States v. Shawn W. Jones

278 F.3d 711 · Court of Appeals for the Seventh Circuit · Jan 28, 2002

On December 1, 1999, the government filed a motion to request a grant of immunity for Jones and for an order compelling him to testify at Scott’s trial. … On April 3, 2000, the government filed a motion to obtain a grant of immunity for Jones and for an order compelling him to testify at Scott’s second trial.

Gotches v. Heckler

773 F.2d 108 · Court of Appeals for the Seventh Circuit · Aug 30, 1985

. *110 The consent decree provided for the establishment of procedures for the benefit of other surviving spouses than Mrs. Gotches which averted some of the disadvantages of the former “dual eligibility” cut-off. … The residuals of over a century of sovereign immunity make it hard to accept an innovative Congressional policy with respect to fees.

United States v. Jerry Walker

114 F.4th 894 · Court of Appeals for the Seventh Circuit · Aug 16, 2024

Thus, Judge Stadtmueller did not clearly err in determining that Walker was sentenced under § 848(a). … CONCLUSION The district court did not clearly err in finding that Walker was sentenced under § 848(a).

Richard Webber v. Armslist, LLC

70 F.4th 945 · Court of Appeals for the Seventh Circuit · Jun 12, 2023

It reasoned, in relevant part, that liability was dis- proportionate considering the state’s immunity laws. If the defendant had been a social host who had served alcohol to the defendant, he would be immune from suit. … Wisconsin statutes regulate the entities that qualify as firearms dealers; other ac- tors are not subject to those statutes and have not been charged with enforcing them.

Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an Individual

531 F.2d 366 · Court of Appeals for the Seventh Circuit · Mar 16, 1976

If a mark is the common descriptive name of an item, it does not qualify for registration under § 1052(f). … , registrant’s mark is immune from challenge on any grounds not enumerated in § 1115(b).

United States v. David Carrera and Luis M. Carrera

259 F.3d 818 · Court of Appeals for the Seventh Circuit · Aug 3, 2001

did not qualify for an acceptance of responsibility reduction under U.S.S.G. section 3E1.1. … In order to establish entitlement to this reduction, a defendant must show by a preponderance of the evidence that he: “(1) clearly recognized and accepted responsibility for his conduct; (2) timely notified authorities of

United States v. America v. Richard Hamilton, Also Known as Richard Woods

409 F.2d 404 · Court of Appeals for the Seventh Circuit · Mar 27, 1969

An issue of credibility was clearly presented in connection with each of these two incidents on December 16, 1965 and June 2, 1966. … He commented on the immunity granted government witnesses.

William C. SEXTON, Plaintiff-Appellant, v. BEATRICE FOODS CO., Defendant-Appellee

630 F.2d 478 · Court of Appeals for the Seventh Circuit · Aug 7, 1980

We also note that “[i]n order to qualify for the exemption, an employer must show that it was observing the terms of a bona fide pension plan which was not a subterfuge . . . . … The exception provided in § 4(f)(2) seeks to immunize involuntary terminations which are pursuant to established retirement policies and programs.

David B. WEIHAUPT, Plaintiff-Appellant, v. AMERICAN MEDICAL ASSOCIATION, Defendant-Appellee

874 F.2d 419 · Court of Appeals for the Seventh Circuit · Jul 7, 1989

The fact that an individual may have been qualified in the past does not mean that he is qualified at a later time”). Indeed, as we stated in Dorsch v. L.B. … The AMA readily admits that Weihaupt’s past performance in implementing the coalition program was excellent, but argues that this evidence fails to establish that he was qualified to direct the newly structured DMBR *429

Donna Nicholson v. Pulte Homes Corp

690 F.3d 819 · Court of Appeals for the Seventh Circuit · Aug 9, 2012

Here, the evidence falls short of establishing inquiry notice. … This is clearly insufficient as a matter of law to notify Naatz that FMLA-qualifying leave was needed. Wilhelm knew more, but still not enough to give rise to the duty to inquire further.

Butler Manufacturing Company v. United Steelworkers of America, Afl-Cio-Clc and Local 2629, United Steelworkers of America

336 F.3d 629 · Court of Appeals for the Seventh Circuit · Jul 17, 2003

under the FMLA, or are clearly of an emergency nature.” … it was not qualified under FMLA.”

Palmetto Properties, Inc. And Gregory A. Schirmer v. County of Dupage and Joseph E. Birkett

375 F.3d 542 · Court of Appeals for the Seventh Circuit · Aug 9, 2004

First, under the law as adopted in 1986, DuPage County required all adult businesses to locate in a zoning district designated “industrial” and banned such establishments from locating within 1000 feet of other adult businesses … Although we have not gone so far as to hold that Buck-hannon applies to all fee-shifting statutes, we have held that it is conclusively presumed to so apply absent a clearly contrary indication in the “text, structure, or

Grace L. Cummins v. Lyle Industries

93 F.3d 362 · Court of Appeals for the Seventh Circuit · Aug 16, 1996

Carpenter in this ease clearly lend themselves to testing and substantiation by the scientific method. … This failure clearly would have prejudiced Lyle’s ability to cross-examine Dr. Carpenter.

United States v. Kyle Matthews

12 F.4th 647 · Court of Appeals for the Seventh Circuit · Aug 27, 2021

A magistrate or judge is, moreover, typically far more qualified than a police officer to decide whether probable cause exists, Malley v. … Koerth, 312 F.3d 862, 869 (7th Cir. 2002) (recognizing that good-faith exception does not apply if “courts have clearly held that a materially similar affidavit previously failed to establish probable cause under facts that

United States v. James Douglas, Martin L. Pruitt, Leon Mason

874 F.2d 1145 · Court of Appeals for the Seventh Circuit · Apr 21, 1989

In Burks, the Supreme Court explained and modified the rule established in United States v. … It appears that no promises of leniency or immunity were offered to him in return for his cooperation, but see infra, at 1160-61.

United States v. Floyd Elodius Cotton, Sr.

101 F.3d 52 · Court of Appeals for the Seventh Circuit · Nov 15, 1996

This was the issue clearly presented to the jury, as evidenced by this series of questions Ms. Smith put to Cotton: Q. … Here, the jury clearly found against Cotton on his real defense — that he did not carry the gun “in relation to” his drug offense.