Case law

David R. Webb Company, Incorporated v. National Labor Relations Board

888 F.2d 501 · Court of Appeals for the Seventh Circuit · Dec 7, 1989

The narrowness of our review of NLRB decisions is well-established in this circuit. … Our holding does not immunize employees from discipline who are reinstated to positions not the substantial equivalent of their pre-strike positions.

Paul, Kamaljit S. v. Theda Clark Medical

465 F.3d 790 · Court of Appeals for the Seventh Circuit · Oct 13, 2006

Paul failed to establish that (1) he was qualified for active staff membership, (2) Theda Clark’s basis for declining his application for active staff membership was pretextual, and (3) Theda Clark’s bylaws entitled him to … Paul did not establish that he was qualified for active staff membership at Theda Clark. Although both parties agree that Dr. Paul is a non-board-certified neuro- surgeon, Dr.

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. 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 .

United States v. Andreas, Michael D.

Court of Appeals for the Seventh Circuit · Jun 26, 2000

The Immunity Agreement The government and Cox entered into a use- immunity agreement to facilitate Cox’s interview with the FBI and the DOJ in preparation for ADM’s impending plea agreement, which would settle all … A co-conspirator who used his power to guide or direct other conspirators qualifies as an organizer even though his control was not absolute. See Kamoga, 177 F.3d at 621.

Cleveland Kimbrough v. Dave O'neil, Individually and in His Official Capacity as Sheriff of St. Clair County, Illinois

523 F.2d 1057 · Court of Appeals for the Seventh Circuit · Sep 26, 1975

Proof of the federal claim will do virtually nothing toward establishing the state claim, which has an entirely separate factual basis. … This, it seems to me, is most clearly a due process problem, and for this reason I do not undertake to determine whether such continued retention after a concededly lawful seizure might also be characterized as a “new” seizure

Pfeil v. Rogers

757 F.2d 850 · Court of Appeals for the Seventh Circuit · Mar 8, 1985

The court also held that the defendants were entitled to the “defense of qualified immunity for acting in good faith” because “in 1979, Wisconsin law provided that unlicensed dogs were to be impounded, and that sheriff’s … A court may disregard a failure to formally comply with Rule 56(f) if the opposing party’s request for a continuance clearly sets out the justification for the continuance. See, e.g., Littlejohn v.

United States v. Cathy Truitt

Court of Appeals for the Seventh Circuit · Sep 12, 2019

The Moorish Temple teaches that neither the states nor the federal government have any authority over its members, who instead purport to hold something akin to diplomatic immunity. … in gen- eral” but whether he is qualified “to answer a specific ques- tion,” Gayton v.

Kevin Dvorak v. Mostardi Platt Associates, Inc.

289 F.3d 479 · Court of Appeals for the Seventh Circuit · May 10, 2002

To establish a prima facie case of discrimination, a plaintiff must show that (1) she is disabled within the meaning of the ADA, (2) she is qualified to perform the essential functions of her job either with or without reasonable … “The word ‘substantial’ thus clearly precludes impairments that interfere in only a minor way with the performance of manual tasks from qualifying as disabilities.” Id.

Dean A. MATTHEWS, Plaintiff-Appellant, v. ALLIS-CHALMERS, a Corporation, Defendant-Appellee

769 F.2d 1215 · Court of Appeals for the Seventh Circuit · Aug 5, 1985

“To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection.” Id. at 255 , 101 S.Ct. at 1094 (footnote omitted). … justified if additional evidence from the plaintiff was necessary to raise even an inference of age discrimination in RIF cases, or if the additional evidence was required in order to protect defendants from having to litigate clearly

United States v. Glen Murphy

469 F.3d 1130 · Court of Appeals for the Seventh Circuit · Dec 8, 2006

financial information for the court to determine whether he qualified for appointed counsel” and assured the defendant that submitted financial information would not be used against him, it was not clearly erroneous for … the opportunity to rebut that inference and establish insufficient financial means, but he did not do so.

Dennison v. Mony Life Retirement Income Security Plan for Employees

710 F.3d 741 · Court of Appeals for the Seventh Circuit · Mar 6, 2013

It too is a defined benefits pension plan, but it is an unfunded one—that is, the benefits are paid directly by the employer rather than by a trust established and funded by the employer, and there are no special tax advantages … Formal adjudicators, such as judges, jurors, arbitrators, administrative law judges, and members of appellate boards of agencies, are largely insulated by immunity doctrines from interrogatories and depositions aimed at finding

Carriers Traffic Service, Inc. v. Anderson, Clayton & Co.

881 F.2d 475 · Court of Appeals for the Seventh Circuit · Aug 7, 1989

There are several established exceptions to this stringent rule. Where tariffs are ambiguous, the ICC and the courts have permitted departures from the filed rates. … In Cooper the court quite clearly reviewed under both the "arbitrary and capricious" and "substantial evidence” standards.

National Acceptance Company of America v. Joseph S. Bathalter, Jr.

705 F.2d 924 · Court of Appeals for the Seventh Circuit · Apr 20, 1983

Statements made under this threat would be “immunized” by Garrity . … In such a situation, treatment of the claim of privilege as an admission would clearly impose a substantial cost upon the exercise of the privilege.

Northwest Hospital, Inc. v. Hospital Service Corp., Blue Cross Association, Patricia Harris, Secretary of Health and Human Services

687 F.2d 985 · Court of Appeals for the Seventh Circuit · Aug 25, 1982

The Commissioner based his decision, in part, on 45 C.F.R. § 405.419 (c), which provides that to qualify as an allowable Medicare cost, interest expense must be incurred on indebtedness established with lenders or lending … Such third-party financing, of course, would have resulted in a much higher cost to the government than if the expenses disallowed here are reinstated, since commercial interest expense clearly qualifies as a reimbursable

First Midwest Bank v. City of Chicago

988 F.3d 978 · Court of Appeals for the Seventh Circuit · Feb 23, 2021

But a municipality is immune from punitive damages. City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 271 (1981). … Note the qualifier: “its own violations.”

Jack W. Turner v. Ronald Marvin Pfluger

407 F.2d 648 · Court of Appeals for the Seventh Circuit · Feb 14, 1969

There was no evidence to support such a conclusion and in fact the evidence on this point establishes the contrary. … Fox was not qualified to testify whether the use of a seat belt would have reduced the severity of the injuries suffered.

Peter J. Brennan, Secretary of Labor v. Local 3489, United Steelworkers of America, Afc-Cio, and United Steelworkers of America, Afl-Cio

520 F.2d 516 · Court of Appeals for the Seventh Circuit · Aug 5, 1975

However, pursuant to rules of the Local Union and its parent, the following requirements were established for eligibility for office in the Local: 1. … Thus if the June 12, 1973, election was unsupervised, this case is on all fours with Glass Bottle Blowers and clearly not moot.

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.

Cameo Convalescent Center, Inc. v. Darla C. Senn, Cameo Convalescent Center, Inc., Dragomir Kresovic, Borislav Kresovic, Linda Hintz v. Donald E. Percy, Cameo Convalescent Center, Inc. v. Darla C. Senn, Cameo Convalescent Center, Inc. v. Darla C. Senn

738 F.2d 836 · Court of Appeals for the Seventh Circuit · Jul 30, 1984

The three exhibits which plaintiffs assert establish injury to their reputation fail to name the individual plaintiffs and cannot be reasonably construed to establish damage to the individual plaintiffs' reputations. … Nor do the individual plaintiffs establish any alteration of legal status.