Case law

United States v. Gary L. Owens, Cross-Appellee

145 F.3d 923 · Court of Appeals for the Seventh Circuit · May 26, 1998

To establish that Owens distributed crack cocaine, the government must prove that he intentionally distributed a substance known to him to be a controlled substance. United States v. … Additionally, the government established a chain of custody for the cocaine. Accordingly we find that there was sufficient evidence to support Owens’ conviction. 2.

Kozuszek, Nicole v. Brewer, Dale

Court of Appeals for the Seventh Circuit · Oct 8, 2008

So there was no constitutional violation here.1 1 Additionally, because Brewer and Nelson did not violate the Kozuszeks’ constitutional rights, they are shielded from liability by qualified immunity, which generally … protects state actors from civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Illinois Bell Telephone Company v. Worldcom Technologies, Inc.

179 F.3d 566 · Court of Appeals for the Seventh Circuit · Jun 18, 1999

a state entity, and the State of Illinois has not waived its sovereign immunity. … The Act clearly does not set out specific conditions which one party could enforce against the other.

Andrew Wilson v. City of Chicago, Jon Burge

6 F.3d 1233 · Court of Appeals for the Seventh Circuit · Dec 8, 1993

The plaintiff argues that the probative value of this evidence was clearly outweighed by its prejudicial effect, so that its admission violated Rule 403 of the Federal Rules of Evidence. … It is enough, to be qualified as an expert and thus entitled to give opinion testimony, that one has specialized knowledge that would assist the trier of fact. Fed.R.Evid. 702.

United States v. Donald J. Garrison, United States of America v. Clovis N. Ooley

280 F.2d 493 · Court of Appeals for the Seventh Circuit · Aug 24, 1960

Here, the scheme to defraud is established, and the mailing of the check by the bank, incident to an essential part of the scheme, is established. There remains only the question whether Pereira ‘caused’ the mailing. … Defendants charge that this incorporation by reference is so incomplete, uncertain and indefinite that it cannot be clearly determined just what was intended by this reference.

Nelms v. Modisett

153 F.3d 815 · Court of Appeals for the Seventh Circuit · Sep 1, 1998

Even if Nelms had Established a Prima Facie Case, Defendants Proffered a Legitimate, Non-Political Reason for his Termination 21 Even if Nelms had established a prima facie case, summary judgment still would be warranted … an appropriate consideration or whether defendants would be entitled to qualified immunity had their decision to terminate Nelms been politically motivated.

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.

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.

United States v. Johnson, Kevin M.

Court of Appeals for the Seventh Circuit · Aug 15, 2007

Johnson objected to the PSR, challenging its findings that he qualified for the obstruction of justice sentencing enhancement and that he did not qualify for the safety valve and acceptance of responsibility reductions. … Johnson contends that his encounter with Raymond was insufficient to establish that he had attempted to obstruct justice. He claims that he neither threatened nor intended to threaten Raymond on June 1.

United States v. United Brotherhood of Carpenters & Joiners of America, Local 169

457 F.2d 210 · Court of Appeals for the Seventh Circuit · Jan 4, 1972

The error made by the district court is that failure to follow the Ogilvie Plan is upon this record clearly not “standing alone and in and of itself.” … The district court was clearly in error in finding for the defendants and against the United States.

United States v. Goodman

486 F.2d 847 · Court of Appeals for the Seventh Circuit · Sep 28, 1973

This section clearly provides that a pesticide chemical which is not generally recognized as safe for use, added to a raw agricultural commodity, shall be deemed unsafe unless EPA has established a tolerance or provided for … that in so doing his acts were not arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law or without observance of procedure required by law, and that the district court’s findings are not clearly

United States v. Warner, Lawrence E.

Court of Appeals for the Seventh Circuit · Nov 1, 2007

But guilt no matter how clearly established cannot cancel a criminal defendant’s right to a trial that meets minimum stan- dards of procedural justice. … The govern- ment’s attempt to immunize jurors itself suggests the proceedings were broken beyond repair.

Stewart v. United States

186 F.2d 627 · Court of Appeals for the Seventh Circuit · Jan 10, 1951

The language of the Act plainly discloses a twofold purpose, (1) waiver by the government of the immunity which it had previously enjoyed, and (2) that its liability be determined “in accordance with the law of the place … E.2d 537 , which clearly establishes the principle in Illinois that the owner of a dangerous instrumentality is responsible for damages caused by that instrumentality when he fails to adhere to a statutory *633 standard of

Gold v. Gold

237 F. 84 · Court of Appeals for the Seventh Circuit · Oct 3, 1916

Under this act, however, the losing party may renew the contest and endeavor to establish his right to a patent de novo. … For it is just such questions that the administrative tribunal is pre-eminently qualified to solve.

Harden v. Raffensperger

65 F.3d 1392 · Court of Appeals for the Seventh Circuit · Sep 15, 1995

(“Raffensperger”) had not established a defense to such liability as a matter of law. … In relevant part, it requires that “the yield at which a debt issue is to be distributed to the public [be] established at a ... yield no lower than that recommended by a qualified independent underwriter which shall also

Ramsis Ghaly, Dr. v. Immigration and Naturalization Service

48 F.3d 1426 · Court of Appeals for the Seventh Circuit · Feb 10, 1995

The record clearly establishes that Ghaly contracted a fraudulent marriage. Ms. Wagner, in a sworn statement made just a few months after she withdrew her petition for immediate relative visa status for Dr. … The record clearly demonstrates that the INS district director heard and considered rather than merely reacted, as alleged by Dr.

James P. Roberts v. David C. Broski

186 F.3d 990 · Court of Appeals for the Seventh Circuit · Aug 4, 1999

district court's conclusion) his speech was not protected; (2) the university's interest in promoting the efficiency of its services outweighed any First Amendment interest Roberts had in his remarks; (3) Broski is entitled to qualified … immunity because his actions did not violate clearly established law; and (4) Roberts' purported failure to mitigate his damages precludes an award of monetary relief and reinstatement would be inappropriate. 3 Cf.

Neringa Venckiene v. United States

Court of Appeals for the Seventh Circuit · Jul 15, 2019

In 2012, these comments were cited to sup- port revoking Venckiene’s judicial immunity. … Federal courts have adopted a two-pronged test for identifying qualifying relative political offenses.

Neringa Venckiene v. United States

Court of Appeals for the Seventh Circuit · Jul 15, 2019

In 2012, these comments were cited to sup- port revoking Venckiene’s judicial immunity. … Federal courts have adopted a two-pronged test for identifying qualifying relative political offenses.

Mlynczak, Bernard v. Bodman, Samuel W.

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

Otherwise, our analysis follows the well-established path for any discrimination claim. … better qualified for the position at issue.