Case law

Blanchard & Assocs. v. Lupin Pharm., Inc.

900 F.3d 917 · Court of Appeals for the Seventh Circuit · Aug 20, 2018

Those facts, if true, establish that both Lupin USA and Lupin India were parties to the agreement. … It argues instead that the letter does not qualify as a written contract for limitations purposes because it fails to identify the parties or the amount in question.

Raymond D. Wright v. Illinois Department of Corrections

204 F.3d 727 · Court of Appeals for the Seventh Circuit · Feb 24, 2000

Wright qualified to perform the physical aspects of a correctional officer’s duties. The Department’s records indicate that Mr. … When evaluated in this context, the Department’s interrogatory response to the question whether it considered him “disabled” is clearly insufficient to create a triable issue of fact.

John W. Farries v. Stanadyne/chicago Division

832 F.2d 374 · Court of Appeals for the Seventh Circuit · Sep 24, 1987

Nothing in this chapter shall excuse noncompliance with any statute or ordinance of a State or political subdivision thereof establishing greater or additional rights or protections than the rights and protections established … Since the findings of delay and prejudice required for laches were made in the context of a summary judgment "the ‘clearly erroneous’ standard is not an appropriate standard of review."

Sheehan v. St. Paul & D. Ry. Co.

76 F. 201 · Court of Appeals for the Seventh Circuit · Oct 16, 1896

for the adoption of an extreme view regarding the province of the jury; but decision is not required upon the bald proposition, because it ignores other features of the testimony upon the same side, either conflicting or qualifying … The court was clearly justified in directing a verdict for the defendant, and the judgment is affirmed.

United States v. Mario Claiborne

62 F.3d 897 · Court of Appeals for the Seventh Circuit · Aug 1, 1995

Claiborne, under a grant of immunity, disavowed his grand jury testimony, stating that it was prepared by the AUSA. … The testimony establishes tremendous quantities of cocaine distributed through Claiborne’s network of drug-runners.

U.S. Nursing Corporation, a Corporation v. Saint Joseph Medical Center, a Corporation

39 F.3d 790 · Court of Appeals for the Seventh Circuit · Nov 9, 1994

Nursing as a business regulated under the Act with the independent requirement that all registered nurses be properly licensed and qualified under Illinois law. … Nursing to collect a sum above and beyond the cost of the actual services rendered, we find that the public policy behind the Act clearly outweighs the interest in enforcement of this contract.

No. 12653

274 F.2d 217 · Court of Appeals for the Seventh Circuit · Jan 11, 1960

Local Union No. 3, IBEW, 1945, 325 U.S. 797 , 65 S.Ct. 1533 , 89 L.Ed. 1939 , qualifies this exemption. … The alleged illegal conduct of petitioner, however, could not legalize the unlawful combination by respondents nor immunize them against liability to those they injured." 33 6.

Garg, Anita v. Potter, John E.

Court of Appeals for the Seventh Circuit · Apr 4, 2008

The court ruled that Garg’s allergy condition was temporary and therefore did not qualify her for accommodation under the Rehabilitation Act. … Garg’s conduct clearly demonstrates her inability to perform her job.

United States v. Ceballos

302 F.3d 679 · Court of Appeals for the Seventh Circuit · Aug 27, 2002

The grant of authority clearly identifies Mary Lee Warren as a Deputy Assistant Attorney General and therefore she had authority pursuant to § 2516(a) and Order 1950-95 to authorize the Texas wiretaps. 2. … Thus, like in Allen , the district court properly qualified the agents as experts and did not abuse its discretion in admitting their testimony. 17 The defendants argue that Agents Kress and Styron did not qualify as experts

Arsenio Marquez and Victoria Marquez v. Immigration and Naturalization Service

105 F.3d 374 · Court of Appeals for the Seventh Circuit · Apr 16, 1997

Marquez say that they qualify for political asylum or withholding of deportation. The INS says they do not. … The rule of law commands not just that decision-makers act rationally and impartially, but that they communicate their decisions clearly.

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. Mohammed Mabrook

301 F.3d 503 · Court of Appeals for the Seventh Circuit · Oct 7, 2002

Pardo, 636 F.2d 535 , 544 n. 24 (D.C.Cir.1980) (had the government suggested that the witness faced conspiracy charges, then a strong case would have been made for either granting immunity or dismissing the charges against … We review the district court’s application of the enhancement de novo and review the finding that Mabrook occupied such a position under the clearly erroneous standard. United States v.

Ricky Crawford v. Indiana Department of Corrections

115 F.3d 481 · Court of Appeals for the Seventh Circuit · Jun 2, 1997

Murray, 57 F.3d 1340, 1344-52 (4th Cir.1995) (holding that the ADA’s applicability to prisons is not clearly established, but strongly hinting that it is inapplicable), with Duffy v. … The use of a library is, equally clearly, an activity, and so, only a little less clearly, is the use of the dining hall. Love v. Westville Correctional Center, supra, 103 F.3d at 559 .

Rodriguez v. Bakke

84 F. App'x 685 · Court of Appeals for the Seventh Circuit · Dec 23, 2003

Alternatively, the court held that summary judgment was appropriate because the doctor who decided Rodriguez’s course of care had qualified immunity and because the remaMng defendants were not personally involved in treating … To the contrary, the undisputed evidence establishes that the defendants conducted all the monitoring and tests recommended by Bureau of Prison guidelines in responding to Rodriguez’s diagnosis.

Sklar v. Byrne

727 F.2d 633 · Court of Appeals for the Seventh Circuit · Apr 17, 1984

Grandfather clauses almost always favor established residents or businesses over newer ones. See, e.g., City of New Orleans v. … Orbeck, 437 U.S. 518 , 98 S.Ct. 2482 , 57 L.Ed.2d 397 (1978) (preference for hiring Alaska residents in energy industries violated privileges and immunities clause).

Peter J. Brennan v. Local 551

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

reveal misconceptions that must not be permitted to frustrate the purpose of this litigation and its further processing in an orderly fashion. 4 First: The Secretary's power to supervise an election required by a court order clearly … Aborting the exclusive statutory remedy would immunize a proved violation from further attack and leave unvindicated the interests protected by Sec. 401.

United States v. Christian Lovies

16 F.4th 493 · Court of Appeals for the Seventh Circuit · Oct 21, 2021

As trial testimony established, the district court found at the sentencing hearing that Lovies directed others in the commission of the charged offenses. … Trial testimony was sufficient to establish that Lovies and L.M. decided the group would abduct Butler.

Theodore Papapetropoulous v. Milwaukee Transport Services, Inc.

795 F.2d 591 · Court of Appeals for the Seventh Circuit · Jul 2, 1986

Thus the arbitrator concluded that “the evidence discussed above clearly establishes the truth of the charges filed against the grievant and the grievance [against MTS] will be dismissed.” Id. at 8-9. … Rather, on page 9 of his opinion the arbitrator states “it is the opinion of the undersigned that the evidence ‘clearly establishes the truth of the charges filed against griev-ant____’” Since the arbitrator’s decision demonstrates

Steven Arnold v. Jo Anne B. Barnhart

473 F.3d 816 · Court of Appeals for the Seventh Circuit · Jan 16, 2007

Credibility determinations will not be overturned unless they are clearly incorrect. Zurawski, 245 F.3d at 887 ; Powers v. Apfel, 207 F.3d 431, 435 (7th Cir.2000). … The compelling medical evidence presented clearly established that frequent breaks were not medically necessary and that any difficulty that Arnold had in dealing with stress was accommodated by his restricting his employment

United States v. Emery Lee Gage

183 F.3d 711 · Court of Appeals for the Seventh Circuit · Jul 8, 1999

Gage’s lie would have been explicit if he had volunteered that he "clearly remembered ...” or if he had answered, in response to a question from the court about his memory, that he clearly recalled the details of the robbery … Unless otherwise qualified, every statement includes an implicit representation that the declaration is supported by clear memory.