Case law

Bintz, Robert v. Bertrand, Daniel

Court of Appeals for the Seventh Circuit · Apr 7, 2005

Robert still could qualify for habeas relief regarding the Haglund Admission if he could establish cause for the procedural default or a fundamental miscarriage of justice. … To qualify for habeas relief, Robert must show that the state court proceedings adjudicating his claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal

Thompson v. Illinois Department of Professional Regulation

300 F.3d 750 · Court of Appeals for the Seventh Circuit · Aug 7, 2002

In this case, the *755 exhibit was attached for the purpose of describing the Chief ALJ’s duties, clearly making it part of the “subject of the claim”, and no contrary facts were alleged in the actual complaint. … immunity.

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.

Navarro-Macias v. Immigration & Naturalization

16 F. App'x 468 · Court of Appeals for the Seventh Circuit · Jun 19, 2001

The Immigration Judge (“IJ”) found that the possession-with-in *471 tent-to-distribute conviction could not be substantiated, but concluded that the two simple possession convictions were sufficiently established and rendered … But Congress’ power to expel aliens is plenary-a “fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control.” Fiallo, 430 U.S. at 792 .

United States v. Warner, Lawrence E.

Court of Appeals for the Seventh Circuit · Oct 25, 2007

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

United States v. Charles Goodwin

717 F.3d 511 · Court of Appeals for the Seventh Circuit · May 8, 2013

The principle set forth in SORNA to guide the Attorney General’s discretion qualifies as intelligible. … Obviously, 18 U.S.C. § 3583(k) clearly authorizes any term of years from five to life.

International College of Surgeons v. City of Chicago

91 F.3d 981 · Court of Appeals for the Seventh Circuit · Aug 1, 1996

the case is “doubly barred,” the First Circuit explained, because of the explicit statutory bar of 28 U.S.C. § 1445 (c) and because the “supplementary superior court proceeding” to enforce the Commission’s award does not qualify … The Chicago Landmarks Ordinance creates the Commission and establishes the procedures for designating properties as Chicago Landmarks. See Municipal Code of Chicago ("MCC”) §§ 2-120-580 to 2-120-920. .

Beatrice WILLIAMSON, Plaintiff-Appellee-Cross-Appellant, v. HANDY BUTTON MACHINE COMPANY, Defendant-Appellant-Cross-Appellee

817 F.2d 1290 · Court of Appeals for the Seventh Circuit · Jun 11, 1987

We affirm the district court’s conclusions as not clearly erroneous. Pullman-Standard v. Swint, 456 U.S. 273 , 102 S.Ct. 1781 , 72 L.Ed.2d 66 (1982); Benzies v. … This is deceiving, however, because the Court also observed that the plaintiff under § 1983 must surmount the defense of official immunity ( 461 U.S. at 55 , 103 S.Ct. at 1639 ).

Thomas v. Evansville-Vanderburgh School Corp.

258 F. App'x 50 · Court of Appeals for the Seventh Circuit · Dec 26, 2007

If they did show a violation, we would next ask whether the right was clearly established at the time. Id. … immunity.

Raybourne v. Cigna Life Ins. Co. of New York

576 F.3d 444 · Court of Appeals for the Seventh Circuit · Aug 6, 2009

Sage’s report did not establish that Raybourne was incapable of performing all work. The manager concluded that Raybourne’s new evidence was insufficient to overcome the conclusions of Drs. … De novo review is presumed to apply unless the plan documents clearly state that the plan administrator has discretionary authority to determine whether benefits are due.

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

Williams, Norval v. Seniff, Rick

342 F.3d 774 · Court of Appeals for the Seventh Circuit · Aug 20, 2003

See id. at 20-21. 10 The district court treated the individual capacity claims against the Merit Board members under a quasi-judicial absolute immunity analysis and concluded that they were entitled to absolute immunity … In Gorence, we did qualify this principle by noting that those who provide input into the decision can under some circumstances provide evidence of discriminatory intent. See id.

United States v. Quincy Campbell

37 F.4th 1345 · Court of Appeals for the Seventh Circuit · Jun 27, 2022

We are not persuaded that the district judge clearly erred in crediting her testimony. … That finding was not clearly erroneous.

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.

United States v. Tiffany M. Billops and James A. Morning

43 F.3d 281 · Court of Appeals for the Seventh Circuit · Dec 16, 1994

A jury clearly could have found the essential elements of conspiracy beyond a reasonable doubt. Ms. … Billops is clearly erroneous.

Ex Parte Crandall

53 F.2d 969 · Court of Appeals for the Seventh Circuit · Nov 23, 1931

persons within the jurisdiction of the courts of one state from beginning or maintaining actions in another is pointed out, and the right to invoke this equity in actions arising urider the Federal Employers’ Liability Act clearly … an action under tho liability act in a state court springs, not from tho liability act, or any other federal statutory or constitutional provision, but from the constitutional and statutory provisions of the state which establishes

Thomas Taylor v. James McCament

875 F.3d 849 · Court of Appeals for the Seventh Circuit · Nov 17, 2017

In October 2008, Taylor was the victim of perjury, a qualifying crime under the Victims Protection Act. … “The plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing these elements.” Id.

Gary Peeler v. Village of Kingston Mines, a Municipal Corporation

862 F.2d 135 · Court of Appeals for the Seventh Circuit · Dec 15, 1988

The tort of retaliatory discharge was first established in Illinois in 1978 in Kelsay v. … Retaliation was clearly the motive for firing plaintiff. V.

Abdelghani v. Holder

309 F. App'x 19 · Court of Appeals for the Seventh Circuit · Feb 3, 2009

The BIA did not clearly ratify the IJ’s finding that there were no changed circumstances, and since the government has not contested our jurisdiction to review the asylum claim, we turn to the merits. … I.N.S., 154 F.3d 719, 723-25 (7th Cir.1998) (holding that one day of beating by police, following two weeks of detention and leading to loss of *23 teeth, qualified as past persecution).