Case law

Brown v. Smith

827 F.3d 609 · Court of Appeals for the Seventh Circuit · Jun 28, 2016

Moreover, during 2012, Brown made 63 trips over 187 days as he worked to establish his business. … So the district court did not clearly err in concluding that Brown had mitigated his damages. III. CONCLUSION The judgment of the district court is Affirmed. .

State Bank of Chicago v. Cox

143 F. 91 · Court of Appeals for the Seventh Circuit · Jan 2, 1906

In this court the view is clearly expressed in the opinion by Judge Jenkins, in Re Rodgers, 60 C. C. … While title rests in the bankrupt up to adjudication, and in form until a trustee qualifies, it is subject to the pending sequestration, and no rights can be acquired thereunder which are not equally amenable.

Brady v. Sullivan

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

Sec. 416 (h)(2)(A), state law established his right to inherit intestate personal property from John Brady. … 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.

Ronald Jarrett v. United States

822 F.2d 1438 · Court of Appeals for the Seventh Circuit · Jun 17, 1987

The two were later granted immunity in exchange for their testimony concerning Jarrett’s participation in the Orange Blossom robbery. … Indeed, a review of the evidence clearly establishes that the prosecutor had probable cause to believe that Jarrett had in fact participated in the Orange Blossom robbery.

Carletos E. Hardamon v. United States

319 F.3d 943 · Court of Appeals for the Seventh Circuit · Feb 14, 2003

Finally, Hardamon’s attorney attempted to discredit Blackmon’s testimony by establishing that the government gave her immunity from prosecution and that she had never actually seen Har-damon sell drugs. 4. … Finally, Smith admitted that he received immunity for his testimony and that Joseph Trotter had local drug sources long before Trotter met Hardamon. 5.

Deborah Brookhart, Cross-Appellees v. Illinois State Board of Education, Cross

697 F.2d 179 · Court of Appeals for the Seventh Circuit · Jan 3, 1983

The State Board said in its Administrative Order that “the record does not clearly establish how well these efforts succeeded, and in particular does not establish that they were adequate to bring notice of the additional … In the face of this admission, passing the M.C.T. is clearly not the sole criterion for graduation. 6 2.

United States v. Alvin Wilkinson

986 F.3d 740 · Court of Appeals for the Seventh Circuit · Jan 25, 2021

Wilkinson objected to this enhancement, arguing that he did not qualify as a commodity pool operator. … These actions clearly constitute a “scheme” or “practice” to defraud clients or prospective cli- ents under § 6o(1).

Ademus Saechao v. Cheryl Eplett

991 F.3d 789 · Court of Appeals for the Seventh Circuit · Mar 16, 2021

established Federal law, as determined by the Supreme Court of the United States”. 28 U.S.C. §2254(d)(1). … established Federal law, as determined by the Supreme Court of the United States” (emphasis added).

Alvin F. Toney-El v. Gayle F. Franzen, Director of the Department of Corrections, James W. Fairman, Warden, and Paul Hosier, Record Officer Supervisor

777 F.2d 1224 · Court of Appeals for the Seventh Circuit · Jan 15, 1986

The appellants clearly acted under color of state law when they calculated Toney-El’s release date and Toney-El clearly had a constitutionally protected liberty interest in being released from prison before the end of his … Zimmerman Brush Company, 455 U.S. 422, 436 , 102 S.Ct. 1148, 1158 , 71 L.Ed.2d 265 (1982) (Parratt reaches challenge to state agency’s error, but does not reach challenge to the established state *1228 procedure underlying

United States v. Williams, Kevin

Court of Appeals for the Seventh Circuit · Jun 19, 2000

Powell was a childhood friend of Williams who testified under a grant of immunity as part of a plea agreement with the government. … Larry Austin, who had been charged with conspiring with Powell, testified under a grant of immunity that he saw Williams sell crack.

Riley, Samuel v. Blagojevich, Rod R.

Court of Appeals for the Seventh Circuit · Sep 23, 2005

Eve denied the defendants’ motion to dismiss, which asserted qualified immunity (and so the denial, though interlocutory, was an appealable order), and they appeal. … To what extent can he rely on the doctrine of qualified immunity to shield him from the consequences of such a disagreement?

Manilal v. Patel v. Immigration and Naturalization Service, Sharda M. Patel v. Immigration and Naturalization Service

811 F.2d 377 · Court of Appeals for the Seventh Circuit · Feb 3, 1987

However, in the present case the unauthorized employment clearly was not the only adverse matter of record. … Although the Board did not do so, Matter of Khan could clearly have been otherwise distinguished from the instant case.

United States v. Fernandez-Guzman

577 F.2d 1093 · Court of Appeals for the Seventh Circuit · May 23, 1978

Wages usually are income, but many items qualify as income and yet clearly are not wages. 435 U.S. at p. 25 , 98 S.Ct. at p. 919 . *1092 In the case at bar we need not decide whether the pick up payments were income. … The STRS qualifies as a retirement plan under sec. 401(a) of the Internal Revenue Code, and as a trust fund under sec. 501(a) of the Code. .

United States v. Musa "Moses" Sweiss

800 F.2d 684 · Court of Appeals for the Seventh Circuit · Sep 5, 1986

Carter, 720 F.2d 941, 945 (7th Cir.1983): As this court has stated on numerous occasions, “it is a well-established general proposition that a litigant cannot present to this court as a ground for reversal an issue which … As Section C of this opinion explains, the defendant did not establish a sufficient foundation at trial to require the district court to admit the tape-recording under the rule of completeness.

Alberto-Culver Company, and Cross-Appellee v. Andrea Dumon, Inc., and Cross-Appellant

466 F.2d 705 · Court of Appeals for the Seventh Circuit · Aug 29, 1972

Certainly the court’s findings on the trademark claim are not clearly erroneous. … There is clearly sufficient merit to plaintiff’s case to defeat a cause of action for abuse of process. See Barrett v. Baylor, 457 F.2d 119 (7th Cir. 1972).

Welsh v. Boy Scouts of America

993 F.2d 1267 · Court of Appeals for the Seventh Circuit · May 17, 1993

The statute clearly governs only an entity that: (1) “serves the public” and (2) may be classified as an “establishment,” “place,” or “facility.” Id. … The Boy Scouts of America qualify as a private club because its Constitution and Oath contain requirements that serve to purposefully exclude nonquali-fying applicants.

United States v. John Anthony Oliver

683 F.2d 224 · Court of Appeals for the Seventh Circuit · Jul 16, 1982

We have also held that where a showing is being made in support of a proposed grant of immunity to a grand jury witness, the mere assertion by the United States Attorney that the investigation involves the applicable statute … While not clearly established where the automatic handgun had been obtained, it is established that it was not taken in the robbery during which the revolver was obtained.

Scott, Perry v. Edinburg, Rodney L.

Court of Appeals for the Seventh Circuit · Oct 9, 2003

Scott threatened him with a deadly weapon by trying to back over him with the 3 The defendants argue in the alternative that Officer Edinburg is entitled to qualified immunity and that we may affirm on this ground although … Katz, 533 U.S. 194 (2001), qualified immunity analy- sis because we find no constitutional violation. 8 No. 02-4085 Mustang.

Director, Office of Workers' Compensation Programs, United States Department of Labor v. Peabody Coal Company and Old Republic Insurance Company, Director, Office of Workers' Compensation Programs, United States Department of Labor v. Southwestern Illinois Coal Corporation

554 F.2d 310 · Court of Appeals for the Seventh Circuit · Apr 19, 1977

V, 1975), requiring qualified administrative law judges for the adjudication of claims. … (b)(1) There is hereby established a Benefits Review Board which shall be composed of three members appointed by the Secretary from among individuals who are especially qualified to serve on such Board.

George Pancake v. Amax Coal Company and Director, Office of Workers' Compensation Programs, United States Department of Labor

858 F.2d 1250 · Court of Appeals for the Seventh Circuit · Sep 27, 1988

The Board concluded that the record clearly established that Dr. … clinical evidence or a valid legal basis for doing so, cannot simply disregard the medical conclusions of a qualified physician.”