Case law

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.

Patricia D. Bauer, Independent Administrator of the Estate of Susan M. Pointer, Deceased v. J.B. Hunt Transport, Inc.

150 F.3d 759 · Court of Appeals for the Seventh Circuit · Jul 27, 1998

Bauer emphasizes that once she succeeded in establishing a prima facie case of negligence, J.B. … Bauer complains that the district court never made a finding as to whether Frazier qualified as an expert witness.

Toliver v. McCaughtry

539 F.3d 766 · Court of Appeals for the Seventh Circuit · Aug 27, 2008

Toliver] was not prejudiced by his trial counsel’s failure to call Angeal Toliver and Harvey Toliver is contrary to, or an unreasonable application of, clearly established Supreme Court precedent.” … Toliver’s defense was an unreasonable application of clearly established Supreme Court precedent.

United States v. Lenoir, Kenneth R.

Court of Appeals for the Seventh Circuit · Feb 4, 2003

Additionally, a person’s flight upon seeing the police approach in a high crime area establishes reasonable suspicion to justify a Terry stop. Illinois v. … Clearly, armed robbery always presents the poten- tial for serious injury to another person.

United States v. James Hillsman, A/K/A Sampson, Winfred Owens, A/K/A Winfrey Owens, and Jaime Quezada

141 F.3d 777 · Court of Appeals for the Seventh Circuit · Apr 13, 1998

In doing so, the court relied upon USSG § 4A1.2(e), which establishes the conditions for considering prior *779 convictions in determining a defendant’s criminal history category: Any prior sentence of imprisonment exceeding … The highest base offense level prescribed by the Sentencing Guidelines for relevant conduct in cocaine offenses is 38, and any quantity over 150 kilograms of cocaine qualifies a defendant for this rating.

In re New Energy Corp.

739 F.3d 1077 · Court of Appeals for the Seventh Circuit · Jan 15, 2014

To qualify for the auction, a potential bidder had to post a bond of $250,000. Natural Chem did not do so. … That finding is not clearly erroneous or an abuse of discretion and would be fatal to Natural Chem’s protest if it had standing — which it does not. Affirmed.

Sherrod v. Berry

856 F.2d 802 · Court of Appeals for the Seventh Circuit · Aug 22, 1988

Our holding today should not be interpreted as establishing a black-letter rule precluding the admission of evidence which would establish whether the individual alleging a § 1983 violation was unarmed at the time of the … Clearly, the credibility of the witness “can always be attacked by showing that his capacity to observe, remember or narrate is impaired.” 3 Weinstein’s Evidence ¶ 607[04] p. 607-55.

Estate of Joseph Biegert v. Thomas Molitor

Court of Appeals for the Seventh Circuit · Jul 31, 2020

But the garbled audio, in which the officers can barely be heard over the background noise, contains no clearly audible pause. … Because we conclude that no constitutional violation occurred, we need not deter- mine whether the officers are entitled to qualified immunity. The district court’s decision is AFFIRMED.

Leo HECK, Plaintiff-Appellant, v. CITY OF FREEPORT and Mayor Richard Weis, Defendants-Appellees

985 F.2d 305 · Court of Appeals for the Seventh Circuit · Jan 29, 1993

Every appointive officer of the City shall hold office until his successor is appointed and qualified, unless it is otherwise provided by Statute or Ordinance. … Heck’s claim clearly fails on the first prong. As we established above, Heck’s term of office unequivocally ended when Mayor Weis was elected; Heck retained no property interest in his position.

United States v. Dale K. Wingate

128 F.3d 1157 · Court of Appeals for the Seventh Circuit · Nov 5, 1997

The district court did not clearly or unmistakably abuse its discretion in admitting the stipulation. … The actual INS documents entered into the record (before Wingate objected to the stipulation) clearly establish the substance of the stipulation, and were uncontroverted at trial.

Jose Ageo Luna Vanegas v. Signet Builders, Inc.

46 F.4th 636 · Court of Appeals for the Seventh Circuit · Aug 19, 2022

Rarely will the face of the complaint so clearly prove the opponent’s affirma- tive defense that immediate dismissal, prior to the filing of an answer, will be proper. See Hecker v. … Congress has given DOL the task of issuing regu- lations spelling out what kinds of work qualify for an H-2A guestworker visa.

Silk v. City of Chicago

194 F.3d 788 · Court of Appeals for the Seventh Circuit · Oct 8, 1999

Under the ADA, a plaintiff must establish that he suffers from a disability as defined under the Act; is qualified to perform the essential functions of his job, with or without reasonable accommodation; and has suffered … Under the Rehabilitation Act, he must establish that he suffers from a disability as defined under the Act; that he was otherwise qualified for the job; that he was involved in programs receiving federal financial assistance

United States v. Lindberg Corporation, D/B/A Harris Metals

882 F.2d 1158 · Court of Appeals for the Seventh Circuit · Aug 10, 1989

The payment provisions nowhere qualify the government’s title in ma *1162 terial allocable to the contract. … See Appellant’s Br. at 17 (“Lindberg was clearly a subcontractor of MTC_”). 8 . See Moynihan Assocs., Inc. v.

Denberg v. United States Railroad Retirement Board

696 F.2d 1193 · Court of Appeals for the Seventh Circuit · Jan 4, 1983

Moreover, the Board contends that retroactive relief is not proper under the test established in Chevron Oil Co. v. Huson, 404 U.S. 97 , 92 S.Ct. 349 , 30 L.Ed.2d 296 (1971). A. Sovereign Immunity Wright v. … resolution was not clearly foreshadowed ....

United States v. Deberry

576 F.3d 708 · Court of Appeals for the Seventh Circuit · Aug 11, 2009

Section 3E1.1 provides that “(a) If the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels, (b) If the defendant qualifies for a decrease under subsection ( … He argues that if the premise of such a motion is established — that is, if “the defendant has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying the authorities of his intention

Nikolas Malacara v. City of Madison, City of Madison Water Utility Division, Chuck Englehart, Gail Glasser and George Holden

224 F.3d 727 · Court of Appeals for the Seventh Circuit · Aug 18, 2000

In contrast, the more objective evidence, test scores and work history scores suggest that Malacara was at least one of the most qualified candidates and certainly more qualified than Sullivan. … Rarely have I seen a set of facts so clearly pointing to the need for resolution before a trier of fact. The court will not render summary judgment if “a reasonable jury could return a verdict for the nonmov-ing party.”

Fred M. Newell v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Freeman United Coal Mining Company

933 F.2d 510 · Court of Appeals for the Seventh Circuit · May 22, 1991

To qualify for black lung benefits, a miner must show that he or she is “totally disabled due to pneumoconiosis.” 20 C.F.R. § 718.204 (a). … In my opinion, the paltry evidence in this case clearly demonstrates the futility of a remand and I would hold that the inappropriate application of the Wilburn “in and of itself” standard was harmless error.

United States v. Larry Eugene Phifer

440 F.2d 462 · Court of Appeals for the Seventh Circuit · Feb 17, 1971

In order to qualify for a ministerial exemption, a registrant must clearly establish that teaching and preaching are regularly performed and comprise the registrant’s vocation. Dickinson v. … Appellant also argues that the Government failed to establish his guilt beyond a reasonable doubt in that it did not overcome the prima facie case he claims was established for his ministerial exemption by conclusively showing

United States v. Steven Carter

910 F.2d 1524 · Court of Appeals for the Seventh Circuit · Sep 25, 1990

FACTUAL BACKGROUND The evidence adduced at trial establishes the following facts. … An examination of the trial court record reveals that the judge’s factual findings were not clearly erroneous.