Case law

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

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 .

Arzel Haley v. Boniface Gross, Lieutenant McKee and Michael Ellis

86 F.3d 630 · Court of Appeals for the Seventh Circuit · May 29, 1996

immunity. … Finally, the defendants argue that to the extent the district court imposed upon them a greater burden than previously recognized by law, they are shielded from liability by the doctrine of qualified immunity.

Laverne Williams v. Scott Jaffe

Court of Appeals for the Seventh Circuit · Aug 5, 2019

We read this provision to establish two things. … The provision then defines which of those qualifying interests are exempt—all of the debtor’s qualifying interests to the extent that they are exempt under applicable nonbankruptcy law.

Kristen NELLIS, Plaintiff-Appellant, v. BROWN COUNTY, Defendant-Appellee

722 F.2d 853 · Court of Appeals for the Seventh Circuit · Dec 14, 1983

The district court ruled, however, that Nellis met the first intermediate burden of establishing a prima facie case: “From the bench, prior to the taking of testimony, I concluded that the uncontested facts established a … Nellis’s duties qualified for reclassification!

George R. Ambati and Pranaykumar Ambati v. Janet Reno, Attorney General, and Immigration and Naturalization Service

233 F.3d 1054 · Court of Appeals for the Seventh Circuit · Dec 7, 2000

Amba-ti was required to demonstrate that he qualifies as a refugee. Congress has given the Attorney General discretion to grant asylum if an applicant qualifies as a refugee under 8 U.S.C. § 1101 (a)(42)(A). … Second, the IJ clearly explained to Mr. Ambati his rights in the hearing and several times asked questions to clarify and elicit further testimony from him. See Michel v.

Ed Miniat, Inc. v. Globe Life Insurance Group, Inc.

805 F.2d 732 · Court of Appeals for the Seventh Circuit · Nov 5, 1986

Defendants argue that the corporate plaintiffs, who clearly are not participants or beneficiaries, are not fiduciaries and therefore lack standing. … PLAN ESTABLISHMENT OR AGREEMENT.

Fraternal Order of Police Hobart Lodge 121, Inc., James Richards, and George Luke v. City of Hobart

864 F.2d 551 · Court of Appeals for the Seventh Circuit · Dec 29, 1988

The council members failed to invoke their absolute legislative immunity (on which see, e.g., Supreme Court of Virginia v. … The principle has certainly been qualified, however, see Washington v. Davis, supra, 426 U.S. at 244 n. 11, 96 S.Ct. at 2050 n. 11; we have to decide how much it has been qualified.

Leo Logan v. Commercial Union Insurance Company

96 F.3d 971 · Court of Appeals for the Seventh Circuit · Sep 20, 1996

Logan is clearly not an independent contractor but is an employee of American Red Ball.” This conclusion, however, was Commercial Union’s exact reason for denying Logan’s claim. … Clearly, Commercial Union has demonstrated that the documents were created in anticipation of litigation and, thus, are subject to the work product privilege.

Paul S. Hammel, Cross-Appellee v. Eau Galle Cheese Factory

407 F.3d 852 · Court of Appeals for the Seventh Circuit · Jun 24, 2005

Discriminatory-Discharge Claim Since the defendant received the benefits of a complete bench trial and judgment our review is conducted pursuant to Fed.R.Civ.P. 52(a) “under which ‘findings of fact shall not be set aside unless clearly … The protections of the ADA extend only to “qualified individuals” with a disability. Basith v. Cook County, 241 F.3d 919, 927 (7th Cir.2001).

Charles R. Strasburger v. Board Of Education

143 F.3d 351 · Court of Appeals for the Seventh Circuit · Jun 26, 1998

Id. 36 While Zinermon reaffirmed these principles, it qualified them by recognizing that in certain circumstances, state officials may abuse their "broadly delegated, uncircumscribed power" in a predictable manner. … For that reason, I respectfully dissent. 1 The School Board members appear to have an absolute immunity defense for their legislative actions under Bogan v.

Lidia Pedroza-Sandoval v. Immigration and Naturalization Service

498 F.2d 899 · Court of Appeals for the Seventh Circuit · Jun 25, 1974

The Board made the further finding that petitioner could not be considered the “child” of Maria Mendez as that term is defined in the immigration laws, and therefore could not qualify as an immediate relative under § 1153 … Such matters are so exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference.”

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

Norvel Smith v. Alloy Engineering & Casting Company

23 F.3d 410 · Court of Appeals for the Seventh Circuit · May 12, 1994

In addition, the defendant was ordered to offer plaintiff the next available job which plaintiff was qualified to hold. 8 On appeal the defendant argues that there was insufficient evidence to establish a prima facie case … Pre-trial Order, uncontested facts, no. 11. 26 We find that the district court was not clearly erroneous in holding that plaintiff had established a prima facie case.

Clayton Waagner v. United States

971 F.3d 647 · Court of Appeals for the Seventh Circuit · Aug 20, 2020

The courts of appeals are di- vided on whether a petitioner who files a Johnson-based suc- cessive § 2255 motion must establish “that it was more likely than not that he was sentenced under the residual clause.” … “The fundamental ra- tionale of issue preclusion dictates the clearly settled re- quirement that it be limited to matters that have been actual- ly decided.” 18 Charles Alan Wright et al., Federal Practice and Procedure §

Kimberly Barnes-Staples v. Robin Carnahan

88 F.4th 712 · Court of Appeals for the Seventh Circuit · Dec 18, 2023

Still, it is true that an employer’s divergence from its standard hiring practices can establish, or at least be evidence of, pretext and defeat summary judgment. Rudin v. Lincoln Land Cmty. … Staples was not “clearly better qualified” than Wittstock for the Real Estate Director position, at least when evaluated under the GSA’s criteria. Riley v. Elkhart Cmty. Schs., 829 F.3d 886, 894 (7th Cir. 2016).

Joseph R. Elliott v. Board of School Trustees of Ma

876 F.3d 926 · Court of Appeals for the Seventh Circuit · Dec 4, 2017

” to “established teacher.” … When a State impairs its own contracts, the impairment must be “clearly necessary” or “essential,” not merely convenient or expedient.

Freeman United Coal Mining Co. v. Stone

957 F.2d 360 · Court of Appeals for the Seventh Circuit · Feb 24, 1992

Moreover, the coroner’s certificate of death and Claimant’s testimony establish that decedent died of a heart attack.” Decision and Order Denying Benefits, at 8. … Vena-bles found it in an autopsy — and his findings were directly contradicted by two qualified experts.

Darchak v. City of Chicago Board of Education

580 F.3d 622 · Court of Appeals for the Seventh Circuit · Sep 3, 2009

Acevedo checked with the CPS Accountability Department to determine whether Darchak was qualified to temporarily teach the students in Room 206. … She can establish triable issues using either direct or circumstantial evidence. Id.; see Atanus v.

United States v. Bernard Brown

548 F.2d 204 · Court of Appeals for the Seventh Circuit · Jan 19, 1977

First, reading the passage from the Spock opinion would have been an invitation to the jury to disregard the instructions of the court; as such, it was clearly improper. … The first of these arguments is clearly without merit because the crime charged, possession, was not proved by the testimony of the informer; possession was in fact admitted.