Case law

Trudy WALTON, Et Al., Plaintiffs-Appellees, v. UNITED CONSUMERS CLUB, INCORPORATED, Defendant-Appellant

786 F.2d 303 · Court of Appeals for the Seventh Circuit · Apr 7, 1986

Fitzgerald, 457 U.S. 800, 815-20 , 102 S.Ct. 2727, 2736-39 , 73 L.Ed.2d 396 (1982) (objective test for “good faith” qualified immunity); Frazier v. … We hold that the district court’s findings of fact, to the extent United has properly challenged them, are not clearly erroneous. 4.

United States v. Zaragoza

123 F.3d 472 · Court of Appeals for the Seventh Circuit · Jul 28, 1997

The district court .concluded that Zaragoza did not qualify for a two-level reduction in his offense level for acceptance of responsibility. U.S.S.G. § 3El.l(a). … This conclusion was not clearly erroneous. As Judge Kocoras alluded to, several pieces of evidence converged to establish that Zaragoza was the Louis Valera who was directing the scheme to defraud the IDES.

Rudin, Janine v. Lincoln Land Communi

Court of Appeals for the Seventh Circuit · Aug 25, 2005

Rudin has “offered extensive evidence that clearly suggests that race was a motivating factor in the decision to hire [Hudson]” (emphasis added)). … In order to make a prima facie indirect case of sex discrimination, a Title VII plaintiff must establish that she: “1) is . . . a female; 2) applied for, and was qualified for, an open position; 3) was rejected; and 4) the

Zia U. Hasham v. California State Board of Equalization

200 F.3d 1035 · Court of Appeals for the Seventh Circuit · Jan 5, 2000

Under the burden shifting method, the plaintiff must initially establish a prima facie case of unlawful discrimination demonstrating that he or she is in a protected class, qualified for the promotion, did not receive the … Once the plaintiff has established his prima facie case, an inference of discrimination is created and the defendant has the burden to “clearly set forth, through the introduction of admissible evidence, reasons for its actions

Berwind Corporation, a Pennsylvania Corporation v. Litton Industries, Inc., a Delaware Corporation

532 F.2d 1 · Court of Appeals for the Seventh Circuit · Apr 2, 1976

and unequivocally spell out the intent to grant such immunity . . . from liability” for negligent conduct. 422 F.2d at 1217 . … The court’s finding on the RKW unit is not clearly erroneous.

Steve Rodgers v. Lincoln Towing Service, Inc.

771 F.2d 194 · Court of Appeals for the Seventh Circuit · Aug 15, 1985

The citizen’s complaint that Mash signed established sufficient probable cause for Pagano to arrest Rodgers. We stated in McKinney v. … But being acquainted with someone does not establish joinder in a scheme to deprive another of his constitutional rights.

State of Illinois v. Bowen

808 F.2d 571 · Court of Appeals for the Seventh Circuit · Dec 17, 1986

courts are authorized to set aside agency decisions only when they: are arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law; are contrary to constitutional right, power, privilege, or immunity … Children's Hospital School were: "The Superintendent [of DCFS] may admit ... any child with a severe orthopedic handicap between the ages of five and 21 who resides in Illinois provided that: 1 The child has been examined by a qualified

Illinois ex rel. Illinois Department of Public Aid v. Bowen

808 F.2d 571 · Court of Appeals for the Seventh Circuit · Dec 17, 1986

; exceed statutory jurisdiction or falls short of statutory right; are reached in violation of established procedure; or are unsupported by substantial evidence____” (Citations omitted). … The child has been examined by a qualified physician and is reported to be so severely handicapped by cerebral palsy, muscular dystrophy, spina bifida, or other orthopedic handicap that he requires special education and/or

Joseph C. Masi v. Ford City Bank and Trust Company, an Illinois Bank and Trust Company

779 F.2d 397 · Court of Appeals for the Seventh Circuit · Jan 23, 1986

This section establishes seven requirements for inclusion in the trust instrument before it can qualify as an IRA trust, including that the “interest of an individual in the balance of his account is nonforfeitable.” 26 U.S.C … They clearly are special deposits that constitute a trust relationship wherein the Bank owes a fiduciary duty to the depositor.

Benjamin P. Endres, Jr., and United States of America, Intervening v. Indiana State Police, Patricia Holmes, and United States of America, Intervening v. Marion County Office of Family and Children

334 F.3d 618 · Court of Appeals for the Seventh Circuit · Jun 27, 2003

Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), for qualified-immunity appeals by state actors: determine whether the complaint states a claim before inquiring whether the defendants have immunity. … Whether Indiana could establish "undue hardship" is not at issue this early in the case.

United States v. Bok Young

Court of Appeals for the Seventh Circuit · Dec 23, 2009

She adds that it was Thompson and not she who established the manner and amount of payment for massages. 12 No. 08-2357 The district court did not clearly err in finding that … But in addition to arguments that clearly lack merit, see, e.g., United States v.

Hayes Barker v. United States

7 F.3d 629 · Court of Appeals for the Seventh Circuit · Oct 15, 1993

Barker qualified for career offender status, which mandates a criminal history category of VI. United States Sentencing Guidelines § 4B1.1. It then established a base offense level of 32, based on Mr. … Franklin, 896 F.2d 1063, 1065-66 (7th Cir.1990) (finding that weaponry was connected to drug offense not "clearly improbable").

Brennan v. Local 551, United Automobile, Aerospace & Agricultural Implement Workers of America, Inc.

486 F.2d 6 · Court of Appeals for the Seventh Circuit · Aug 13, 1973

First: The Secretary’s power to supervise an election required by a court order clearly includes the power to set the date of that election. … Aborting the exclusive statutory remedy would immunize a proved violation from further attack and leave unvindicated the interests protected by § 401. Title IV was not intended to be so readily frustrated.

Oxman v. WLS-TV

12 F.3d 652 · Court of Appeals for the Seventh Circuit · Dec 15, 1993

This claim could mean one of several things. 5 The most obvious interpretation is clearly wrong. … The magistrate judge concluded that Oxman failed to demonstrate that WLS-TVs proffered reason for hiring Epstein — that Epstein was more qualified — was pretextual.

19 Fair empl.prac.cas. 668, 19 Empl. Prac. Dec. P 9118 Dr. Judith M. Davis v. Edward Weidner, Individually and as Chancellor of the University of Wisconsin-Green Bay

596 F.2d 726 · Court of Appeals for the Seventh Circuit · Apr 6, 1979

If plaintiff can demonstrate that the reasons offered by the University were mere pretexts, then her case of employment discrimination will be established. … This judicial posture, although animated by a legitimate desire to avoid judicial intrusion into academic affairs, can lead to the immunization of higher education from the requirements of Title VII.

Perry Steven Miller v. Rondle Anderson

255 F.3d 455 · Court of Appeals for the Seventh Circuit · Jun 29, 2001

The fact that it was a tactic obviously does not immunize it from review in a challenge to the lawyer’s effectiveness. … would enable the state to bring in the devastating evidence of his prior convictions, and the government was going to put great weight on expert evidence in order to bolster Wood’s testimony, Miller’s only chance was to establish

Teofilo Jusay Cuevas and Felisa Marasigan Cuevas v. Immigration and Naturalization Service

43 F.3d 1167 · Court of Appeals for the Seventh Circuit · Jan 27, 1995

If an applicant establishes that he or she qualifies as a “refugee” under the Act, the Attorney General may grant or deny asylum in her discretion. Id. … The IJ’s reasons for denying petitioners’ application for asylum and withholding of deportation are clearly stated in his decision.

Douglas W. MILLER, Plaintiff-Appellant, v. BORDEN, INC., Defendant-Appellee

168 F.3d 308 · Court of Appeals for the Seventh Circuit · Feb 8, 1999

Borden argues that the statement is ambiguous, and in fact had nothing to do with age; Miller insists that the statement clearly does refer to age, and he points out, quoting an earlier decision of this court, that “the task … The argument fails to dissuade us from concluding that Borden retained younger employees “to fill positions for which the older employee was qualified.” Oxman, 846 F.2d at 455-456 .

Calloway, Donald v. Montgomery, Jesse

Court of Appeals for the Seventh Circuit · Jan 14, 2008

application of clearly established Federal law. … Relevant to the present case are discussions of how far principles of clearly established law can be extended.

Frederick L. Kunzelman, Cross-Appellee v. Gervase Thompson, Richard Giese and Juneau County, Wisconsin, Defendants- Cross-Appellants

799 F.2d 1172 · Court of Appeals for the Seventh Circuit · Aug 25, 1986

But to qualify for full faith and credit, state proceedings need only satisfy the minimum procedural requirements of due process. Kremer v. … Berkos was eventually dropped as a defendant because of his absolute prosecutorial immunity. 4 .