Case law

Basith, Abuzaffer v. Cook County

Court of Appeals for the Seventh Circuit · Mar 6, 2001

Powell established new restrictions, to be effective through August 4, 1992. … Basith argues that he presented sufficient evidence to establish that he was a qualified individual with a disability, and that Cook County violated the ADA by failing to provide him with a reasonable accommodation.

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.

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.

Endres, Benjamin v. Indiana State Police

334 F.3d 618 · Court of Appeals for the Seventh Circuit · Jun 27, 2003

Katz, 533 U.S. 194, 201 (2001), for qualified-immunity appeals by state actors: determine whether the complaint states a claim before inquiring whether the defendants have immunity. … Whether Indiana could establish “undue hardship” is not at issue this early in the case.

Jeremy Dale v. Anthony Agresta

Court of Appeals for the Seventh Circuit · Jun 4, 2019

Qualified immunity shields government officials from lawsuits for damages unless they violate a clearly established and specific constitutional right. See Taylor v. Barkes, 135 S. Ct. 2042, 2045 (2015). … We agree with the district court that Agresta is entitled to qualified immunity because Dale did not have a clearly established right to a seatbelt.

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.

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. Keith Jones

209 F.3d 991 · Court of Appeals for the Seventh Circuit · Apr 19, 2000

"`The factual findings of the district court will not be overturned unless they are clearly erroneous.... … At the outset of the sentencing hearing, the judge clearly stated that he understood that defense counsel was "requesting a downward departure.”

Robert Robak and Anna Robak, Cross-Appellants v. United States of America, Cross-Appellee

658 F.2d 471 · Court of Appeals for the Seventh Circuit · Nov 17, 1981

“Any other ruling would in effect immunize from liability those in the medical field providing inadequate guidance to persons who would choose to exercise their constitutional right to abort fetuses, which, if born, would … Therefore, it can clearly be said that but for defendant’s negligent failure to inform Mrs.

Equal Employment Opportunity Commission v. Autozone, Inc.

707 F.3d 824 · Court of Appeals for the Seventh Circuit · Feb 15, 2013

To prevail in that trial, the EEOC needed to establish that (1) Shepherd was a qualified individual with a disability; (2) AutoZone was aware of Shepherd’s disability; and (3) AutoZone failed to reasonably accommodate Shepherd … As the district court empha- sized: [T]he conduct of the Defendant’s managerial employ- ees at the highest level was clearly an intentional violation of the ADA.

Anthony Oliver v. Joint Logistics Managers, Inc.

Court of Appeals for the Seventh Circuit · Jun 19, 2018

To establish a prima facie case when challenging a layoff, the plaintiff must demon- strate that: (1) he was a member of a protected class; (2) he was qualified for the position; (3) he was discharged; and (4) “sim- ilarly … to the plaintiff that there can be no dispute among reasonable persons of impartial judgment that the plaintiff was clearly better qualified for the position at issue.”)

Tejpaul S. Jogi v. Tim Voges, Ron Carper, David Madigan, and John Piland

425 F.3d 367 · Court of Appeals for the Seventh Circuit · Sep 27, 2005

Hongla-Yamche, 55 F.Supp.2d 74, 77 (D.Mass.1999) (“The language of Article 36 clearly refers to the existence of an individual right.”). … Second, we think it inevitable that the issue of qualified immunity on the part of the defendants will arise.

Gruca v. Alpha Therapeutic Corporation

51 F.3d 638 · Court of Appeals for the Seventh Circuit · Mar 24, 1995

Statements made during closing argument must be plainly unwarranted and clearly injurious to constitute reversible error. Lockley v. … Secs. 1346 (b), 2671 et seq., the FDA is immune from suit under the FTCA for discretionary administrative functions. 28 U.S.C. Sec. 2680 (a); 8 see United States v.

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

63 F. 443 · Court of Appeals for the Seventh Circuit · Oct 1, 1894

, and that the defendant was restricted to use the word “Hygeia” only in the combination and with the qualifications so established. … court to demonstrate the alleged infringement, and each of them contains the words “Waukesha” and “Mineral Spring” or “Mineral Spring Water” in the proper connection with the word “Hygeia,” and in such form that they are clearly

Adela T. Bailor and Darryl Bailor v. Salvation Army and United States of America

51 F.3d 678 · Court of Appeals for the Seventh Circuit · Apr 3, 1995

To establish the special relationship needed to impose a duty, Ms. Bailor must establish that the Salvation Army took “charge of a third person.” … The Salvation Army is clearly a contractor, not an employee of the United States. *686 Conclusion As a matter of law, we must affirm the district court.

First National Bank v. Nelson

355 F.2d 546 · Court of Appeals for the Seventh Circuit · Jan 10, 1966

The issue presented on this appeal is whether the sum of $100,000 bequeathed from husband to wife, qualifies for a marital deduction under § 2056 of the Internal Revenue Code of 1954. … In our view, the Government has not established that Mr. Craig intended to incorporate the antenuptial agreement into his will.

United States v. Arturo Garcia Parra and Magdalena Correa

402 F.3d 752 · Court of Appeals for the Seventh Circuit · Mar 29, 2005

On this basis, the court found Agent Becka qualified to testify as an expert. … The court did not clearly err in refusing to grant Arturo a minor role adjustment. B.

Harrison v. Burlington Northern Railroad Company

965 F.2d 155 · Court of Appeals for the Seventh Circuit · May 22, 1992

Since Harmony Road qualifies as a "highway" under 23 U.S.C. § 101 (a), it seems evident that safety improvements to the Harmony Road crossing would qualify for federal funding under 23 U.S.C. § 130 . … The report clearly noted some deficiencies in the crossing, but as portions of the report included in the record have been excised, it is impossible to ascertain whether or not the Commission found that automatic warning

United States v. Walter Blackman

830 F.3d 721 · Court of Appeals for the Seventh Circuit · Jul 29, 2016

Pursuant to section 1B1.3(a)(2) of the Guidelines, narcotics-related conduct beyond the scope of a defendant’s conviction qualifies as relevant for sentencing purposes if, inter alia, it was part of the same course of conduct … The court clearly was looking to the lower estimates that Brewer had ventured in earlier statements.

Fisher v. Wayne Dalton Corp.

139 F.3d 1137 · Court of Appeals for the Seventh Circuit · Mar 24, 1998

Therefore, this circumstantial evidence is insufficient to establish age discrimination. IV. … Additionally, Harms’ Deposition indicates, although not clearly, that he knew of some of the impending RIF changes prior to their implementation. .