Case law

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

38 Fair empl.prac.cas. 1487, 37 Empl. Prac. Dec. P 35,462 Ronald A. Gillespie v. The State of Wisconsin, the Department of Health and Social Services of the State of Wisconsin and the Department of Employment Relations of the State of Wisconsin

771 F.2d 1035 · Court of Appeals for the Seventh Circuit · Aug 26, 1985

A district court's findings of fact will not be overturned unless it is clearly erroneous. Fed.R.Civ.P. 52(a). … The findings of fact made by a district court will be upheld unless they are clearly erroneous. Fed.R.Civ.P. 52(a).

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.

Michael Dunderdale v. United Airlines, Inc.

807 F.3d 849 · Court of Appeals for the Seventh Circuit · Dec 3, 2015

In order to establish a prima facie ADA claim for failure to accommodate, a plaintiff must establish that: (1) the plaintiff is a qualified individual with a disability; (2) the employer was aware of the disability; and ( … The Court in Barnett clearly anticipated that an employer’s past practice of deviat- ing from a seniority system could establish special circum- stances.

United States v. Wayne Hill

818 F.3d 289 · Court of Appeals for the Seventh Circuit · Mar 21, 2016

But we need not decide whether the interaction was consensual: even if it were not, McKechnie’s questioning of Hill qualified as a valid investigatory stop. … Rule 702’s purpose is to “establish[] a standard of evidentiary reliability.” Kumho Tire, 526 U.S. at 149 (quoting Daubert, 509 U.S. at 590).

Whiting Corp. v. National Labor Relations Board

200 F.2d 43 · Court of Appeals for the Seventh Circuit · Dec 2, 1952

The entirely reasonable testimony, showing clearly the reasons for doing what was done, by other witnesses and all other relevant facts, are convincing. … We find no escape from the clearly established fact that Norgard had no such expectation. The union was never legally selected as the bargaining1 representative of the employees.

Huon v. Mudge

597 F. App'x 868 · Court of Appeals for the Seventh Circuit · Jan 5, 2015

More was not required: Investigators cannot ignore “clearly exculpatory facts,” Stokes v. … The release reports, however, that Huon had been accused of a crime and recites Counts’s allegations, clearly attributing those allegations to her.

Adrian Thomas v. James Blackard

2 F.4th 716 · Court of Appeals for the Seventh Circuit · Jun 28, 2021

Long, 482 F.3d 923, 924 (7th Cir. 2007) (collecting cases that clearly establish that holding an inmate in a cell smeared with feces and blood, and lacking running water or a mattress, creates an excessive risk to health … So Thomas cannot establish that the officials’ response was unreasonable.

Leonard Cahnmann v. Richard Devine

Court of Appeals for the Seventh Circuit · Dec 29, 2010

Opp had con- sistently received “qualified” or “highly qualified” perfor- mance evaluation ratings. … This cir- cuit’s case law regarding the interpretation of an ap- pointee on the policymaking level is well-established.

Stockwell v. City of Harvey

597 F.3d 895 · Court of Appeals for the Seventh Circuit · Mar 12, 2010

The district court also determined that the plaintiffs had not established the fourth prong — that a similarly or lesser qualified non-white candidate was treated more favorably. … Stockwell establish pretext by showing that he was more qualified than those eventually promoted to the Deputy and Assistant Chief positions.

Root Mfg. Co. v. Johnson

219 F. 397 · Court of Appeals for the Seventh Circuit · Oct 6, 1914

So the facts in evidence must establish a case clearly within the narrow range of these exceptions to defeat recovery. [2] In the “special findings of fact” filed below the evidential facts (all undisputed) are set forth … We believe the findings of fact clearly authorize our above stated conclusions of law, and thus establish the right of the plaintiff in error to retain the payment made to it out of the fund described.

Auto-Owners (Mutual) Insurance Company v. L.P. Cavett Company and L.P. Cavett Company of Indiana, Inc.

882 F.2d 1111 · Court of Appeals for the Seventh Circuit · Aug 15, 1989

However, the claims brought against Cavett do not fall within the scope of the act because Cavett clearly was not Lester’s employer. 3 Instead, Lester’s state court claims “arise under” Indiana tort law rather than any provision … Ins. , Ass’n of Indianapolis, 303 F.2d 897 , 898 (7th Cir.1962) (decided under Illinois law and reaffirming principles established in Michigan Mutual and American Fidelity).

Colleen M. Wales v. Board of Education of Community Unit School District 300

120 F.3d 82 · Court of Appeals for the Seventh Circuit · Jul 21, 1997

The district court granted summary judgment to the District — not because the memo was unrelated to the discharge (though the record does not establish any link), or because it caused relations to deteriorate and therefore … Open-ended balancing approaches of the sort announced in Pickering create unavoidable risks and costs for well-intentioned public employers, risks that the doctrine of qualified immunity reduces but not to zero.

United States v. Joseph Muelbl

739 F.2d 1175 · Court of Appeals for the Seventh Circuit · Jul 26, 1984

Thus, he clearly expected the evidence at trial to involve transactions with all three drugs. … Thus, the defense counsel was clearly allowed to introduce the evidence necessary to support the theory or scenario he intended to argue to the jury in order to establish Muelbl’s purported defense.

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

Eber Salgado-Gutierrez v. Loretta Lynch

834 F.3d 800 · Court of Appeals for the Seventh Circuit · Aug 24, 2016

The IJ began by finding that Salgado had not established past persecution. … The IJ added that even if Salgado had established that he would face persecution on account of a protected status, he nonetheless was ineligible for withholding because he had not met his burden of establishing that he could

Aurora Gazmin Navarro v. District Director of the United States Immigration and Naturalization Service

562 F.2d 1024 · Court of Appeals for the Seventh Circuit · Sep 13, 1977

Within both the immigrant and non-immigrant groups, Congress has established preferred classes. … You have failed to establish that you qualify as a member of the professions as outlined in Section 203(a)(3) of the Immigration and Nationality Act, as amended. Plaintiff appealed to the Regional Commissioner.

United States v. Nigg

667 F.3d 929 · Court of Appeals for the Seventh Circuit · Jan 31, 2012

Did Nigg’s Prior Convictions Qualify as Three Violent Felonies? … Dickerson, 901 F.2d 579, 584 (7th Cir. 1990) (“robbery” under Illinois law qualified as a violent felony).

Carole M. HARTLEY, Plaintiff-Appellant, v. WISCONSIN BELL, INCORPORATED, Defendant-Appellee

124 F.3d 887 · Court of Appeals for the Seventh Circuit · Sep 5, 1997

Perhaps, but Bell’s point clearly is that incumbency and “position-specific skills” went together, which is why picking candidates on the basis of “position-specific skills” ended up favoring incumbents. … Ten years is a reasonable threshold establishing a “significant” and “substantial” gap, which is what O’Connor demands.

United States v. Anthony T. MacHi and United States of America v. Frank A. Calarco

811 F.2d 991 · Court of Appeals for the Seventh Circuit · Feb 6, 1987

and weighing testimony is aided by evidence of an immunized witness’ understanding of the terms under which he or she is testifying. … Machi’s argument very clearly ignores the context in which the conspiracy instruction was given.