Case law

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.

Uneeda Davis v. Ball Memorial Hospital Association Patricia Roberts Harris, in Her Capacity as Secretary of Health, Education and Welfare

640 F.2d 30 · Court of Appeals for the Seventh Circuit · Dec 3, 1980

. § 124.505 ), and establish procedures for the determination of benefits ( 42 C.F.R. § 124.508 ). … Under the regulations, not every applicant who meets the relevant eligibility criteria is clearly entitled to assistance.

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.

Darrell Haze v. Mark Kubicek

880 F.3d 946 · Court of Appeals for the Seventh Circuit · Jan 30, 2018

He also alleged that Kubicek targeted him because of his race in violation of the Equal Protection Clause. 1 Officer Kubicek moved for summary judgment on all claims, both on the merits and based on qualified immunity … To the contrary, it is well established that the lawfulness of a temporary detention and the lawfulness of an officer’s use of force are separate questions subject to different legal tests.

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.

Fuhrman & Forster Co. v. Commissioner

114 F.2d 863 · Court of Appeals for the Seventh Circuit · Jul 22, 1940

legislators who were responsible for part (2) thought the following: that were the exemption provisions of the bill deleted, not even a farmer who killed his own hog and sold part of. the carcass to the local grocer was immune … It does not require that the slaughterer be also a packer in his own right before he qualifies as the first domestic processor and taxpayer.

Dovel v. United States

299 F. 948 · Court of Appeals for the Seventh Circuit · Jun 18, 1924

There was, moreover, an utter absence of evidence showing or tending to show that any affidavit, by one qualified to speak was ever made. Upon this affidavit the validity of the warrant was solely dependent. … There was no proof of the contents or the recitals of the warrant, and therefore there was a failure to establish the existence of a valid search warrant. The judgment is reversed, and a new trial is ordered.

Kaczmarek v. Rednour

627 F.3d 586 · Court of Appeals for the Seventh Circuit · Nov 17, 2010

Moreover, our precedents clearly estab- lish that the fact that Kaczmarek was sentenced before Apprendi was decided does not establish cause, as “an Apprendi-like objection was available to defendants even before the Supreme … See Cole, 333 U.S. at 201 (“No principle of procedural due process is more clearly established than that notice of the specific charge, and a chance to be heard in a trial of the issues raised by that charge, if desired,

United States v. Black

160 F. 431 · Court of Appeals for the Seventh Circuit · Jan 13, 1908

Such proof was clearly admissible, within the above-stated doctrine, for the purposes of this judicial inquiry of probable cause, upon the application for removal; so that error is not well assigned for such reception. … Thereafter no occasion remained for further action on the part either of the conspirators or other persons engaged to effect that object; and no opportunity was open to either conspirator for immunity under the locus penitentiae

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.

Laurie Kay Howard v. Lear Corporation Eeds and Interiors, Formerly Known as United Technologies Automotive, Incorporated

234 F.3d 1002 · Court of Appeals for the Seventh Circuit · Dec 12, 2000

To establish a prima facie case of failure to promote, *1006 Howard must show that (1) she is a member of a protected class; (2) she applied for, and was qualified for an open position; (3) she was rejected; and (4) the employer … Even were we to assume that Howard was qualified to be an HR manager, she fails to establish the second and fourth prongs.

International Harvester Co. v. Occupational Safety & Health Review Commission

628 F.2d 982 · Court of Appeals for the Seventh Circuit · Jun 16, 1980

Yerges’ testimony clearly established that engineering noise controls are technologically feasible in Harvester’s production engine test department and that implementation of the controls would result in a substantial reduction … Just as Harvester vigorously contends that the adverse effect of engineering controls on production, if established, is an element which increases cost, so the positive effect of these controls on production, clearly established

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.

Anthony Taylor v. J.P. Morgan Chase Bank, N.A.

958 F.3d 556 · Court of Appeals for the Seventh Circuit · Apr 30, 2020

Nor does Chase’s acceptance of Taylor’s reduced pay- ments plausibly establish waiver. … On the contrary, Chase had already promised to apply objective criteria established by the Treasury Depart- ment to the information Taylor provided: “If you qualify un- der the federal government’s Home Affordable Modification

Mid America Title Company v. James F. Kirk

991 F.2d 417 · Court of Appeals for the Seventh Circuit · May 28, 1993

See Feist, — U.S. at -, 111 S.Ct. at 1292-93 . 7 However, the Amended Complaint also states clearly that the claim is for protection of “a compilation of factual information, original with Mid America.” Am. … The Court noted that it had no occasion to consider whether the claims of qualified immunity from trial itself might require a heightened pleading standard. Leatherman , — U.S. at -, 113 S.Ct. at 1162 . 11 .

Peabody Coal Company and Old Republic Insurance Company v. Lessie L. Helms and Director, Office of Workers' Compensation Programs

859 F.2d 486 · Court of Appeals for the Seventh Circuit · Oct 4, 1988

of a qualified physician. … When asked directly whether the obstructive lung disease was caused by cigarette smoking, he clearly, emphatically, and succinctly responded, “[i]n my opinion it was.” Dr.

Peso Chavez and Gregory Lee, Individually and on Behalf of All Persons Similarly Situated v. The Illinois State Police, Terrance W. Gainer, Individually and in His Official Capacity as Director of the Illinois State Police, Michael Snyders, Individually and in His Official Capacity as Illinois State Police Operation Valkyrie Coordinator, Edward Kresl, Individually and in His Official Capacity as District Commander of the Illinois State Police, and Larry Thomas, Daniel Gillette, Craig Graham, Robert P. Cessna, Robert Lauterbach, and Dale Fraher, Officers of the Illinois State Police, in Their Individual Capacities

251 F.3d 612 · Court of Appeals for the Seventh Circuit · May 23, 2001

On November 5, 1998, the district court granted the defendants' motion for summary judgment on the equal protection and certain of the supervisory claims and granted qualified immunity to several ISP officers on the Fourth … They have produced no evidence definitively establishing that they were not present when Lee was stopped.

Janet Rubel v. Pfizer Inc. And Warner-Lambert Company

361 F.3d 1016 · Court of Appeals for the Seventh Circuit · Mar 24, 2004

Local Rule 81.2(a) itself says that the remand is “for failure to establish a basis of federal jurisdiction.” … They would say something like: “We are not contesting the judge’s understanding of federal jurisdiction but instead we seek review of clearly erroneous finding of fact.” That sort of reasoning would nullify § 1447(d).

Frank Wetherill v. Director, Office of Workers' Compensation Programs, U.S. Department of Labor

812 F.2d 376 · Court of Appeals for the Seventh Circuit · May 1, 1987

Our cases establish that as a general rule the ALJ must consider all relevant medical evidence, cannot substitute his expertise for that of a qualified physician, and, absent countervailing clinical evidence or a valid legal … Green equivocatingly argued in its brief that this Court’s jurisdiction is "ambiguous,” alleging that the record did not clearly establish that the petitioner was exposed to coal dust during his earlier Indiana employment

Susan A. Schneiker v. Fortis Insurance Company, Formerly Known as Time Insurance Company

200 F.3d 1055 · Court of Appeals for the Seventh Circuit · Jan 6, 2000

Specifically, Local Rule 6.05(b) requires the non-moving party to submit “[a] specific response to the movant’s proposed findings of fact, clearly delineating only those findings to which it is asserted that a genuine issue … she was qualified for the job).