Case law

Hearn v. United States

194 F.2d 647 · Court of Appeals for the Seventh Circuit · Feb 19, 1952

Anderson, a member of the bar of said court, and a well qualified attorney, to represent him. … Findings of fact cannot be set aside by an appellate court unless clearly erroneous. This rule applies likewise to all reasonable inferences of the trial judge. Central Railway Signal Co. v.

Donald Beard, Jr. v. Wexford Health Sources, Incorp

900 F.3d 951 · Court of Appeals for the Seventh Circuit · Aug 21, 2018

Courts could follow the Supreme Court’s approach in admiralty and establish a nonconstitutional limit on puni- tive-damages awards under §1983 empirically. … So the Justices have looked to the common law to fashion rules for awarding punitive damages under §1983, just as they have looked to the common law to establish rules of absolute and qualified immunity.

Edward A. Murillo v. Matthew J. Frank, Secretary, Wisconsin Department of Corrections

402 F.3d 786 · Court of Appeals for the Seventh Circuit · Apr 1, 2005

Section 2254(d)(1) says that the writ shall not issue unless the state court’s decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of … A natural reading of § 2254(d)(1) is that the only federal law that matters is the law that had been “clearly established” when the state court is called on to decide. See Williams v.

Pearl v. Keystone Consolidated Industries, Inc.

884 F.2d 1047 · Court of Appeals for the Seventh Circuit · Sep 25, 1989

— unless that decision and those findings were clearly erroneous. … As we noted in the text, that finding is not clearly erroneous.

William I. Babchuk, M.D., P.C. v. Indiana University Health, Inc

809 F.3d 966 · Court of Appeals for the Seventh Circuit · Jan 11, 2016

The by- laws don’t define specific criteria for the removal or reten- tion of privileges but instead provide a list of general qualifi- cations and skills that a physician must demonstrate to maintain privileges, including … That was incorrect; clearly they were not acting under color of law. The defendant that comes closest to being an arm of the state is Indiana University Health, Inc.

Industrial Holographics, Inc. v. Donovan

722 F.2d 1362 · Court of Appeals for the Seventh Circuit · Dec 20, 1983

analysis of all relevant factors affecting the impact of each individual alien’s employment on the labor market is clearly out of the question. … However, the denial of certification here clearly passes this test.

Clyde M. Collins v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Benefits Review Board

932 F.2d 1191 · Court of Appeals for the Seventh Circuit · May 21, 1991

In addition to medical evidence of causation, I believe we should require a report from a qualified physician stating that pneumoconiosis is at least 51 percent responsible for the miner’s total disability. … What else would one expect "such medical evidence as is reasonably required to establish his or her claim” to mean?

United States v. Anthony J. Peters, Lawrence Peters, and Jacek Odoner

791 F.2d 1270 · Court of Appeals for the Seventh Circuit · May 20, 1986

Peters argues that the sheet thus does not qualify as a business record. … Each witness disclosed the details of the immunity agreement under which he testified.

United States v. William Brown, Danny Brown, Scot Burkhead, Randall Sorrells, and Brian Hollenback

944 F.2d 1377 · Court of Appeals for the Seventh Circuit · Nov 22, 1991

Middlemen are not, of course, immune from application of § 3B1.1. See, e.g., Ramos, 932 F.2d at 619 n. 20; United States v. Brown, 900 F.2d 1098, 1102 (7th Cir.1990). … Hollenback persisted with this story even after being confronted with documents that clearly showed his involvement.

James F. Smith v. General Scanning, Inc.

876 F.2d 1315 · Court of Appeals for the Seventh Circuit · Jun 8, 1989

First, it held that Smith failed to establish even a prima facie case because he could not show he was qualified to be a sales engineer, as he lacked the requisite college degree. … This, the district court reasoned, precluded Smith from establishing a prima facie case because he could not show he was qualified, his initial burden in the McDonnell Douglas scheme. We disagree.

Robert L. Thompson v. Dave Harper

77 F.3d 484 · Court of Appeals for the Seventh Circuit · Feb 14, 1996

The district court granted summary judgment in favor of Harper on grounds of qualified immunity. Because Harper's conduct did not violate any clearly established constitutional or statutory rights, we affirm. … was clearly established at the time Thompson was arrested.

Zessar, Bruce v. Keith, John R.

Court of Appeals for the Seventh Circuit · Aug 6, 2008

Bartley, 431 U.S. 119, 129 (1977) (“[T]he enactment of the new statute clearly moots the claims of the named appellees.”)); see also Rembert v. … immunity).

United States v. Sylvanus

192 F.2d 96 · Court of Appeals for the Seventh Circuit · Dec 1, 1951

Furthermore the -promise to pay $3000 triple indemnity is hedged about in the policy by strict qualifying conditions. … Finally, the practical consequences of such a doctrine would be most serious; conspirators would secure immunity if they agreed to' seek cover, and awaited a propitious moment to resume their activities.”

Saint Mary of Nazareth Hospital Center v. Department of Health & Human Services

698 F.2d 1337 · Court of Appeals for the Seventh Circuit · Feb 1, 1983

Qualified hospital providers such as Saint Mary’s are entitled to reimbursement for the reasonable costs of providing medical treatment to those qualified for Medicare benefits under the Social Security Act, as defined in … The Secretary’s regulation banning the reimbursement of the cost of a telephone used for a Medicare patient’s personal comfort is clearly authorized by 42 U.S.C. § 1395y(a)(6).

Randy Boss and Revell Boss v. Guy Pierce and Mark A. Pierson

263 F.3d 734 · Court of Appeals for the Seventh Circuit · Aug 31, 2001

clearly established federal law, as determined by the Supreme Court, or (2) if a state court decision involves an unreasonable application of clearly established federal law, as determined by the Supreme Court. … “A state-court decision that correctly identifies the governing legal rule but applies it unreasonably to the facts of a particular prisoner’s case” qualifies as a decision involving an unreasonable application of clearly

Patricia Hennessy v. Penril Datacomm Networks, Incorporated and Richard Burns

69 F.3d 1344 · Court of Appeals for the Seventh Circuit · Nov 13, 1995

As evidenced by the court’s award of back pay, Hennessy was clearly injured when she was unlawfully terminated. … On the other hand, a major purpose of Title VII is to immunize the workplace from sexual intimidation and repression.

United States v. Edward J. Barrett

505 F.2d 1091 · Court of Appeals for the Seventh Circuit · Jan 2, 1975

The government also granted Meyers transactional immunity to preclude state prosecutions. … Most of this material was cumulative of impeachment cross-examination of Meyers and often it went into areas which were clearly irrelevant.

Ruth Shirck v. Robert S. Thomas

447 F.2d 1025 · Court of Appeals for the Seventh Circuit · Sep 24, 1971

Nor do I find any constitutional distinction between an arbitrary refusal to hire a qualified applicant and an arbitrary refusal to retain a qualified worker. … I believe judges are qualified by experience and training to evaluate procedural fairness and to interpret and apply guidelines established by others; I do not believe they have any special competence to make the kind of

Christine Epstein v. Secretary, United States Department of the Treasury

739 F.2d 274 · Court of Appeals for the Seventh Circuit · Jul 17, 1984

The district court found that plaintiff in this case established her prima facie case because she proved that she was generally qualified for an upgrade and that a similarly situated male was given an upgrade. 9 See Nellis … Our review of subsidiary factual determinations is governed, however, by the clearly erroneous test. Id.

Clifton Wells v. Thomas R. Israel, Superintendent

854 F.2d 995 · Court of Appeals for the Seventh Circuit · Aug 10, 1988

established. … Therefore, the court held, Israel was immune from damages.