Case law

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.

Racine Charter One, Inc. D/B/A 21st Century Preparatory School, Christine Hauck, and Sherry James v. Racine Unified School District

424 F.3d 677 · Court of Appeals for the Seventh Circuit · Sep 22, 2005

To state a claim under 42 U.S.C. § 1983 , a plaintiff must allege that he or she was (1) deprived of a federal right, privilege, or immunity (2) by any person acting under color of state law. Gomez v. … Indeed, if this were all to our comparison, the students of both classes would clearly be similarly situated, as the James family illustrates.

Rick Knight v. Mark Wiedau

Court of Appeals for the Seventh Circuit · Dec 22, 2009

immunity. … The court also con- cluded that since defendants-appellees acted consis- tently with the appellant’s constitutional rights, qualified No. 09-1435 7 immunity shielded them

Patterson v. Illinois Department of Corrections

37 F. App'x 801 · Court of Appeals for the Seventh Circuit · Jun 13, 2002

The district court found that Patterson’s sensitivity to the Mantoux test did not qualify as an actual disability under either the Rehabilitation Act or the ADA. … Patterson’s remaining ADA claims were dismissed on Eleventh Amendment sovereign immunity grounds.

Fed. Sec. L. Rep. P 92,683 John Bershad v. Bernard P. McDonough

428 F.2d 693 · Court of Appeals for the Seventh Circuit · Aug 5, 1970

The circumstances of the transactions clearly indicate that the stock was effectively transferred, for all practical purposes, long before the exercise of the option. … The “pragmatic” approach has never been extended to immunize transactions in which potential abuses of inside information can be seen.

Estate K. Starkey v. United States

Court of Appeals for the Seventh Circuit · Aug 17, 2000

The entire amount transferred to a trust for the benefit of a qualified charity is deductible. … The will’s codicil clearly states that Mr. Starkey intended to set up a charitable trust, and the IRS acknowledges that this was indeed his intent.

Kathleen Briscoe, on Behalf of Nelson Taylor, Deceased v. Jo Anne B. Barnhart, Commissioner of Social Security

425 F.3d 345 · Court of Appeals for the Seventh Circuit · Sep 23, 2005

Abramson believed that the only way to establish an onset date would be to review the objective data from treatment tests conducted dur *350 ing the qualifying time period (that is, from the claimant’s alleged onset date … Apfel, 226 F.3d 809, 811 (7th Cir.2000), they are not immune from review.

Clarence D. Cooper v. Michael P. Lane, Michael O'leary, Salvador Godinez, Edward Lyles, Kenneth Morgan, and Daniel Scott

969 F.2d 368 · Court of Appeals for the Seventh Circuit · Jul 22, 1992

Cooper’s due process rights because his reasons for denying the continuance to gather witnesses provided Cooper with adequate due process; and (2) even if Cooper’s due process rights had been violated, Scott was entitled to qualified … immunity.

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).

Juanita Jordan v. City of Gary, Indiana and Donald Thompson

396 F.3d 825 · Court of Appeals for the Seventh Circuit · Jan 28, 2005

Indeed, Jordan has failed to establish that she was even as qualified as Carey for the position, much less “so superior” • a candidate that the only reason for the denial of the-promotion was discriminatory in nature. … Thus, because the evidence in the record clearly establishes the fact that Parker is a member of the same protected class, and that Carey was not a similarly situated person to Jordan within the meaning of Title VII or the

Keri, Gabe v. Bd Trustees Purdue

Court of Appeals for the Seventh Circuit · Aug 14, 2006

is entitled to sovereign immunity under the Eleventh Amendment. … He submits that finding of immunity is a fact sensitive inquiry and that the Defendant has not established IPFW’s general legal status.

Russell S. Ende v. Board of Regents of Regency Universities

757 F.2d 176 · Court of Appeals for the Seventh Circuit · Mar 20, 1985

Then a point system was established. … The district court denied the motion, concluding that Congress acted constitutionally in abrogating the States’ Eleventh Amendment immunity by enacting the 1974 Amendments to the Fair Labor Standards Act.

Erb v. Alliance Capital Management

423 F.3d 647 · Court of Appeals for the Seventh Circuit · Sep 2, 2005

Quinn, 997 F.2d 287, 290 (7th Cir.1993) (noting that although a party may appeal from the denial of qualified immunity either immediately or after entry of final judgment, only an immediate appeal can vindicate the right … Before considering this contention, we note that aspects of plaintiffs' first and second pleadings clearly do not differ in any way relevant to preemption.

United States v. Leslie Anderson

Court of Appeals for the Seventh Circuit · Sep 3, 2009

Anderson helped Dalglish and Prudenza establish a business relationship with ACH Direct. R.197 at 21-22; R.200 at 64-65. … Anderson, we cannot say that this con- clusion was clearly erroneous.

Marlene Smith v. Sno Eagles Snowmobile Club, Inc.

823 F.2d 1193 · Court of Appeals for the Seventh Circuit · Jul 16, 1987

under Wisconsin's landowners recreational use immunity statute, Wis.Stat. … If one is immune from liability under Wisconsin statutes, both should be."

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.

Clinton C. Simpson v. Reynolds Metals Company, Inc.

629 F.2d 1226 · Court of Appeals for the Seventh Circuit · Aug 21, 1980

Accordingly, we turn to an examination of the third analytical step established by Cort . C. … Fla. 1977), the only other cases to grant a private remedy, clearly distinguishes its analysis of § 503 from its analysis of § 504.

Besem Selimi, Aisha Selimi, Vjolca Selimi, Rashida Selimi, and Kujtesa Selimi v. John D. Ashcroft, Attorney General

360 F.3d 736 · Court of Appeals for the Seventh Circuit · Mar 10, 2004

We continued by pointing out that “a more lenient and compassionate policy would qualify the entire population of many war-torn nations for asylum.” Here, it might qualify 30 percent of the population of Macedonia. … Given that their evidentiary materials do not establish a prima facie ease for persecution, the Selimis fall far short of establishing a prima facie case that they will be tortured upon their return to Macedonia.