Case law

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.

Terry Lee McEvers v. Missouri Pacific Railroad Company, a Corporation

528 F.2d 220 · Court of Appeals for the Seventh Circuit · Dec 11, 1975

Illinois law controls, and establishes that the usual duty of a highway traveler to stop, look, and listen at a railroad crossing may be qualified, or even excused, by the existence of “facts such as obstructions to view … He might thus be unaware even that his vision was obstructed, and he might be lulled into the belief that he could see clearly the only track on which a train might be approaching.

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.

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.

Emerson, Loretta M. v. Northern States

Court of Appeals for the Seventh Circuit · Jun 26, 2001

Was Emerson a qualified individual? … Consultants clearly receive safety- sensitive calls which are crucial as they have potentially dangerous consequences if handled poorly.

James Gooden v. Michael v. Neal

17 F.3d 925 · Court of Appeals for the Seventh Circuit · Mar 7, 1994

Healthy establishes the approach for litigation under the first amendment. 8 At oral argument the question arose whether Mt. … Defendants failed to list immunity as an issue in the pretrial order, taking it off the trial agenda.

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.

League of Women Voters of Chi v. City of Chicago

757 F.3d 722 · Court of Appeals for the Seventh Circuit · Jul 9, 2014

The district court’s concern in Larios was that the voters’ ability to elect their representatives was significantly dimin- ished, not that individual Democratic or Republican represent- atives were immune from the political … But this does not establish an impermissible custom or practice.

Progress Development Corporation, a Corporation and Modern Community Developers, Inc., a Corporation v. James C. Mitchell

286 F.2d 222 · Court of Appeals for the Seventh Circuit · Jan 27, 1961

We hold that the trial court’s findings that no conspiracy was established under the proof offered in support of Counts I and II are not clearly erroneous. Rule 52(a), Federal Rules of Civil Procedure, 28 U.S.C.A. … The common law immunity of state legislators for their acts, recognized in Tenney v.

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.

Brown v. Automotive Components Holdings, LLC

622 F.3d 685 · Court of Appeals for the Seventh Circuit · Sep 8, 2010

The undisputed facts establish that Brown was absent without leave after failing to give proper FMLA notice for an extension of a previously requested leave period. … Her leave form clearly indicated that her return to work date was August 29. Brown knew as of August 21 that she could not get an appointment with Dr.

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. 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.

Geraldine Sterling v. Village of Maywood

579 F.2d 1350 · Court of Appeals for the Seventh Circuit · Jul 7, 1978

. § 1983 3 4 and the due process clause of the Fourteenth Amendment. 5 The district court reasoned that “[pjlaintiffs have attempted to establish a federal claim out of what is essentially a landlord and tenant problem” and … The Court did state however, that "municipalities can assert no reliance claim” to absolute immunity. 98 S.Ct. at 2040.

United States v. Joseph D. Fones

51 F.3d 663 · Court of Appeals for the Seventh Circuit · Mar 30, 1995

Under Vargas , this would not be enough to establish that Fones “coordinated” or “orchestrated” the activities of Shriver and Denman. … It would follow that efforts of recruitment would likewise be sufficient to establish control over a participant under § 3Bl.l(b).

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.

Joseph Tuchinsky v. The Selective Service System of the United States of America

418 F.2d 155 · Court of Appeals for the Seventh Circuit · Dec 30, 1969

Plaintiff contends he has a right under the Public Information Section to obtain information upon which he can determine whether or not draft board officials are residents of the areas they serve and are otherwise qualified … Nevertheless, there is no denial that these records are not “identifiable,” and consequently the plaintiff established no right *158 under the statutory language of Section 552.

Edward Tobey v. Brenda Chibucos

Court of Appeals for the Seventh Circuit · May 15, 2018

“Although the statute of limitations is an affirmative defense, dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure is appropriate if the complaint contains everything necessary to establish that the claim … Stanton enjoys absolute immunity for the conduct alleged in both Counts I and II.

United States v. Duane L. Miller, Jr.

405 F.3d 551 · Court of Appeals for the Seventh Circuit · Apr 20, 2005

Miller’s request is clearly deficient on two of the three Huston criteria. … Here, the record indicates that the district court erred when it expressed a belief that Miller was not qualified to receive the reduction since he was being held accountable only for the quantity of drugs attributable to

Carolyn S. Fain v. Wayne County Auditor's Office

388 F.3d 257 · Court of Appeals for the Seventh Circuit · Oct 27, 2004

She did not work for most of the time period from January 1, 1999, through June 18, 1999, using personal leave, vacation, sick leave, and FMLA-qualified leave. … As Rollins noted, if the Census were to control in all instances, the regulations could have said that much more clearly. Id.