Case law

James E. Rodgers v. Western-Southern Life Insurance Company, Cross-Appellee

12 F.3d 668 · Court of Appeals for the Seventh Circuit · Dec 17, 1993

Mann’s comment strongly implied that Rodgers and his fellow black agents were not qualified to be insurance agents solely because of their-race. … In fact, the record establishes that Mann, whose racial comments had been the impetus for Rodgers’ constructive discharge, long since had left the Milwaukee office.

Equal Employment Opportunity Commission v. University of Notre Dame Du Lac

715 F.2d 331 · Court of Appeals for the Seventh Circuit · Aug 24, 1983

As always, the relevancy of the requested material to the charge under investigation must be established. See 42 U.S.C. § 2000e-8(a). … Clearly, there must be substance to the charging party’s claim and thorough discovery conducted before even redacted files are made available.

Welch v. United States

604 F.3d 408 · Court of Appeals for the Seventh Circuit · May 4, 2010

Therefore, in order to qualify as a violent felony, a crime must involve intentional conduct. … For instance, the Court of Appeals for the Eighth Circuit expressed doubt that the Supreme Court in Apprendi intended to establish a rigid prerequisite for the definition of the sort of judgment of conviction that would qualify

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.

United States v. Jonathan Penny

60 F.3d 1257 · Court of Appeals for the Seventh Circuit · Jul 26, 1995

Buonomo, 441 F.2d 922, 924 (7th Cir.), cert. denied, 404 U.S. 845 , 92 S.Ct. 146 , 30 L.Ed.2d 81 (1971), we stated that “[cjonstitutional immunity from double jeopardy is a personal right which if not affirmatively pleaded … Penny’s former jeopardy claim, we must conclude that, under the established ease law of the circuit, Mr. Penny cannot seek protection from prosecution in this defense. Mr.

Pedro Cano-Oyarzabal v. Eric Holder, Jr.

774 F.3d 914 · Court of Appeals for the Seventh Circuit · Dec 22, 2014

Decisions by a three- member panel are precedential and clearly entitled to Chev- ron deference under Ali. Arobelidze v. Holder, 653 F.3d 513, 519 (7th Cir. 2011). … Gen. 2008), established a “uniform framework for ensuring that the Act’s moral turpitude provisions are fairly and accurate- ly applied,” and we have said that Silva-Trevino’s framework for determining whether a conviction

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.

Gordon Green v. David Leibowitz

108 F.4th 530 · Court of Appeals for the Seventh Circuit · Jul 16, 2024

Accord- ingly, the Branit court “hew[ed] to the established meaning of [§ 522] in interpreting whether the term ‘retirement plan’ un- der section 12-1006 of the Code includes inherited IRAs.” Id. at 523–24. … While neither party clearly explains the precise mechanism by which Green could defer his income taxes, the authority to do so appears to arise under the U.S.

Chicago Teachers Union v. BOARD OF EDUC.

662 F.3d 761 · Court of Appeals for the Seventh Circuit · Mar 29, 2011

In the employment context, a property interest exists “when an employer’s discretion is clearly limited so that the employee cannot be denied employment unless specific conditions are met.” Buttitta v. … Upon notice of removal, the teacher receives a list of all unencumbered vacant positions for which he or she is qualified.

Woods, Albert v. City of Chicago

Court of Appeals for the Seventh Circuit · Dec 8, 2000

Because the officers asserted the defense of qualified immunity, Woods had the burden at trial to prove that the police lacked probable cause to arrest him. See Sorenson v. … /1 The defendants also asserted the defense of qualified immunity and argued that Woods failed to establish a causal connection between the alleged municipal policy and his claimed injury.

Sonja Pennell v. Global Trust Management, LLC

990 F.3d 1041 · Court of Appeals for the Seventh Circuit · Mar 11, 2021

Nor does stress by itself with no physical mani- festations and no qualified medical diagnosis amount to a concrete harm. Cf. United States v. All Funds on Deposit with R.J. … That is because “an important corollary” to the injury- in-fact determination “is the requirement that the plaintiff must clearly allege facts demonstrating each element.”

Robert L. Preston v. United States

696 F.2d 528 · Court of Appeals for the Seventh Circuit · Dec 29, 1982

The court upheld the referee’s partial denial of CCC’s claim, reasoning as follows: The evidence clearly established that there was a very large shortage when Commodity issued its shipping orders and received grain out of … It is clear that the defendant does not qualify as a buyer in the ordinary course.

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.

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.

Latta, Roger v. LaPorte County Sheri

221 F. App'x 443 · Court of Appeals for the Seventh Circuit · Feb 12, 2007

Second, although the district court found that prosecutors and witnesses were protected by principles of qualified rather than absolute immunity, we think that the better conclusion is that absolute immunity applies. … None of the witnesses who remain as appel- lees properly may be classified as a complaining witness, covered only by qualified immunity. See Kalina v. Fletcher, 522 U.S. 118 (1997).

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.

Charles Woods v. Evansville Press Company, Inc., the E.W. Scripps Company

791 F.2d 480 · Court of Appeals for the Seventh Circuit · Jun 27, 1986

The June 22 column clearly is not advertising by any stretch of the imagination. … The June 22 column clearly need not be read to imply that Mr. Woods himself is personally at the brink of financial disaster. *487 Moreover, Mr. Mr. FitzGerald’s prediction that Mr.

Central States, Southeast & Southwest Areas Pension Fund v. Nagy

714 F.3d 545 · Court of Appeals for the Seventh Circuit · Apr 22, 2013

Put differently, in these sorts of ERISA cases, we review “mixed questions of law and fact” under a clearly erroneous standard. … Both activities qualify as an unincorporated trade or business under § 1301(b)(1).

Marvin Simelton v. Matthew J. Frank

446 F.3d 666 · Court of Appeals for the Seventh Circuit · May 1, 2006

as a decision involving an unreasonable application of clearly established federal law.” … Simelton argues that the proceedings in state court resulted in a decision contrary to clearly established federal law as determined by the Supreme Court.

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