Case law

Nabil Raja Dandan, Ketty Dandan, Souzi Dandan, A.K.A. Souzy Dandan, Sandra Dandan, and Raja Nabil Dandan v. John Ashcroft, Attorney General

339 F.3d 567 · Court of Appeals for the Seventh Circuit · Aug 11, 2003

To qualify for this discretionary waiver, an alien needed to establish that he had been present in the United States for seven years prior to the filing of his application and that his deportation would result in extreme … hardship to himself or to a qualifying relative.

United States v. Charles Alden, A/K/A Charles Alden Boyd

476 F.2d 378 · Court of Appeals for the Seventh Circuit · Mar 30, 1973

It is our holding that the district court clearly abused its discretion in not permitting the doctors to testify. … The basic fault in the present case is that Alden was not permitted through the doorway of establishing the foundation.

Fidele Sanon v. Immigration and Naturalization Service

52 F.3d 648 · Court of Appeals for the Seventh Circuit · Apr 11, 1995

To consolidate his power, Sankara established local groups called Committees in Defense of the Revolution (“CDRs”) throughout the country. … of persecution that qualified him for withholding of deportation.

United States v. Franklyn Arango

879 F.2d 1501 · Court of Appeals for the Seventh Circuit · Jul 17, 1989

Thereafter, Officer Berti walked to the jeep and looked inside the window in an attempt to establish the vehicle’s owner and Arango’s identity. … He correctly states that such searches must be conducted pursuant to standardized procedures and not merely as a pretext for establishing probable cause to justify further searches.

Gary Parola, an Individual Monterey City Disposal Service, Inc. v. Caspar Weinberger, as Secretary of the Department of Defense John Lehman, as Secretary of the Department of the Army Robert H. Shumaker, Commodore, U.S.N., Commanding Officer of the Naval Postgraduate School, Monterey, California Major General William H. Harrison, Commander, Seventh Infantry, Fort Ord, California United States of America v. City of Monterey

848 F.2d 956 · Court of Appeals for the Seventh Circuit · Jun 1, 1988

Silvex Corp., 606 F.Supp. 159 (M.D.Fla.1985) (RCRA Sec. 6001 does not waive sovereign immunity for civil damages penalty). … Permits and reporting duties are means of implementing environmental standards, and are clearly state "requirements." An exclusive garbage collection system is more like a permit requirement than a criminal sanction.

Hoffman, Shirley v. Caterpillar, Inc

Court of Appeals for the Seventh Circuit · Jul 3, 2001

Once a plaintiff has established that she is a qualified individual with a disability, she may show discrimination in either of two ways: by presenting evidence of disparate treatment or by showing a failure to accommodate … Green, 411 U.S. 792 (1973), she must show all three of the following elements to establish her disparate treatment claim: (1) that she is disabled within the mean- ing of the ADA; (2) that she is qualified to perform the

Waukesha Hygeia Mineral Springs Co. v. Hygeia Sparkling Distilled Water Co.

63 F. 438 · Court of Appeals for the Seventh Circuit · Oct 1, 1894

If the contract governs, the proof tending to show priority of use is immaterial, and the complainant is entitled to protection against employment of the word “Hygeia,” as a trade-name for waters, without the qualifying words … The trade-mark, when established, is valid and entitled to protection, whether registered or not.

Director, Office of Workers' Compensation Programs v. Peabody Coal Co.

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

(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. … “In the case at bar the whole scheme of procedure used in the cities is clearly adopted.

Winston v. Boatwright

649 F.3d 618 · Court of Appeals for the Seventh Circuit · Aug 19, 2011

We may grant relief to Winston “only if the state court’s decision was contrary to or an unreasonable application of clearly established Supreme Court precedent.” Kerr v. … Ordinarily we would need to move on to the question whether the Supreme Court of the United States had clearly established this proposition by the time the state courts acted.

United States v. City of Chicago

663 F.2d 1354 · Court of Appeals for the Seventh Circuit · Nov 2, 1981

The decree established as a “long term goal” the appointment to the police force of sufficient numbers of qualified blacks, Spanish-surnamed persons and females to increase substantially the minority composition of the Police … They insist that they were willing and able to establish the validity of the roster at such a hearing.

Jackie N. Beach and Julia M. Beach, Husband and Wife v. Owens-Corning Fiberglas Corp.

728 F.2d 407 · Court of Appeals for the Seventh Circuit · Feb 24, 1984

Those factors, discussed by the district court, include who establishes the work boundaries and who controls the means used to do the work. Id. at 712 . … The plaintiffs contend that because the defendant does not qualify as an employer under the seven Fox factors, Beach was not an Owens-Corning employee at the time of the accident.

Sakajust Scott v. Randall Hepp

62 F.4th 343 · Court of Appeals for the Seventh Circuit · Mar 9, 2023

Standard of Review Under AEDPA, habeas relief is only warranted if the state court’s decision “was contrary to, or involved an unreasona- ble application of, clearly established Federal law, as deter- mined by the Supreme … That alone forestalls habeas relief, as there was no clearly established federal law for the Wisconsin court to contradict or unreasonably apply. See Harrington v.

Amax Coal Company v. United Mine Workers Of America

92 F.3d 571 · Court of Appeals for the Seventh Circuit · Aug 13, 1996

One of these oilers was able to qualify as a welder, however, and so did not lose his position. The other two oilers were unable to qualify as welders and were therefore replaced by welders on their crews. … Thus the Agreement clearly establishes that all training opportunities are dependent upon a prior determination of "trainability."

United States v. Albert H. Holmes

387 F.2d 781 · Court of Appeals for the Seventh Circuit · Jan 2, 1968

The authenticity and custody of the file was established by John T. Seigle, Assistant Chief of the Field Division of the Illinios Selective Service. … Such lack would not render the entry inadmissible if it qualified under 28 U.S.C. sec. 1732 (a), but I cannot agree that this entry is qualified.

United States v. Sam Garafolo

385 F.2d 200 · Court of Appeals for the Seventh Circuit · Jan 29, 1968

A careful reading of the relevant record clearly demonstrates that no objection was made during the trial to the admissibility of the conversations on the grounds of a violation of § 605. … Here, every fair inference to be drawn establishes that Haney consented to the monitoring of his calls to appellant.

Bd. of Regents, Univ. of Wis. v. Phoenix Intern.

630 F.3d 570 · Court of Appeals for the Seventh Circuit · Aug 5, 2011

The power established in Article III does not supersede “the sovereign immunity that the States possessed before entering the Union.” College Sav. Bank v. Florida Prepaid Postsecondary Educ. … Some questions about state sovereign immunity, how- ever, have received less attention. One deals with the scope of the defense. Is the doctrine absolute, or is it qualified or restrictive?

William T. Killman v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Sahara Coal Trust

415 F.3d 716 · Court of Appeals for the Seventh Circuit · Jul 19, 2005

Because the earlier decision had established that Killman was suffering from pneumoconiosis, this ALJ determined that Killman would have to “establish a material , change in condition with respect to disability.” … Cohen’s opinion in the face of the assessment of the other three and the fact that none of the medical tests produced results that clearly qualified Killman as disabled under 20 C.F.R. § 718.204 (b)(2)(i), (ii).

Borowski v. DePuy, Inc.

850 F.2d 297 · Court of Appeals for the Seventh Circuit · Jun 17, 1988

This Court recognized such a qualified privilege in George A. Fuller Co. v. … For Bales to lose this qualified immunity from suit, Borowski had to prove that Bales induced the contract’s termination both for his own gain and contrary to DePuy’s best interests.

Harrell, Rodney v. USPS

Court of Appeals for the Seventh Circuit · May 4, 2006

Given the short- comings with each interpretation, we are not able to con- clude that Congress clearly addressed the question at issue through the statutory language. … The rights established by the FMLA can be enforced through civil actions.

Molly Joll v. Valparaiso Community Schools

953 F.3d 923 · Court of Appeals for the Seventh Circuit · Mar 20, 2020

persons of impartial judgment that the plaintiff was clearly better qualified for the position at issue.” … Joll was not clearly bet- ter qualified such that the disparity in qualifications would raise an inference of pretext or discrimination.