Case law

Roger WAITE, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee

819 F.2d 1356 · Court of Appeals for the Seventh Circuit · Jun 1, 1987

Instead, listing 1.13 clearly requires the imposition of a series of surgical procedures to restore major function of the extremity. … In his findings, however, the ALT stated, "The medical evidence establishes that the claimant has a loss of motor and sensory function of the left arm, but he does not have an impairment, or a combination of impairments listed

Rodney Harrell v. United States Postal Service

415 F.3d 700 · Court of Appeals for the Seventh Circuit · Jul 19, 2005

] the important societal interest in assisting families, by establishing a minimum labor standard for leave. … The rights established by the FMLA can be enforced through civil actions.

United States v. Otero, William

Court of Appeals for the Seventh Circuit · Jul 19, 2007

Woods’ actions clearly demonstrate that he did not accept responsibility for his offense. … Woods concedes that his April 1998 battery qualifies as a violent felony, and the district court found that his strong-armed robbery conviction also qualifies as such.

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

Donald R. Parrett v. City of Connersville, Indiana

737 F.2d 690 · Court of Appeals for the Seventh Circuit · Aug 22, 1984

The defendants, on appeal, argue principally that they did not take away Parrett’s job and that in any event the grievance procedure established by the collective bargaining agreement between the town and a union representing … Second, the instruction on the defendants’ qualified immunity from liability did not follow the “objective reasonableness” standard of Harlow v.

Roberts v. Fed. Hous. Fin. Agency

889 F.3d 397 · Court of Appeals for the Seventh Circuit · May 3, 2018

(We note that sec‐ tion  1821(j)  directly  immunizes FDIC  only  in  its  capacity  as  receiver,  not  in  its  corporate  capacity.)  … At that point, the  Agency acts as an immune conservator rather than as a non‐ immune regulator.        In any case, Treasury did not exceed its statutory authority  in agreeing to the Third Amendment. 

Rowe v. Gatke Corporation

126 F.2d 61 · Court of Appeals for the Seventh Circuit · Feb 21, 1942

Under Rule 52(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, we are bound by the findings of the District Court unless “clearly erroneous.” … The District Court found the defendant had not sustained the burden of establishing that the plaintiff was guilty of contributory negligence.

Sinclair Refining Company v. Samuel M. Atkinson, Sinclair Refining Company v. Samuel M. Atkinson

290 F.2d 312 · Court of Appeals for the Seventh Circuit · Apr 25, 1961

The fact that a grievance under arbitration and a court action may share some issue or factor in common does not establish identity of subject matter. … Haight, 171 Misc. 151 , 11 N.Y.S.2d 912 , that an officer of a corporation is not liable for inducing a breach of the corporation’s contract is relied on by analogy to support the claimed immunity.

Power, David v. Summers, Phillip M.

Court of Appeals for the Seventh Circuit · Sep 5, 2000

Previous decisions have established that other Indiana state universities are state agencies for purposes of the Eleventh Amendment, Kashani v. Purdue University, 813 F.2d 843, 845 (7th Cir. 1987); Shelton v. … Even if an adverse employment action within the meaning of the antidiscrimination statutes were required in a section 1983 case (and, to repeat, it is not), it would not follow that the denial of a raise would not qualify

Karen Hill v. Gerald Zore

671 F. App'x 379 · Court of Appeals for the Seventh Circuit · Dec 12, 2016

ORDER After unsuccessfully challenging the establishment of a guardianship over her friend Ronald Dawson in state-court probate proceedings, Karen Hill brought this federal civil-rights suit against various state … But Hill’s arguments address only qualified immunity, not the absolute and quasi-judicial immunity upon which the district court based its rulings.

United States v. Clinton Bramlet

820 F.2d 851 · Court of Appeals for the Seventh Circuit · Jul 17, 1987

Christina Echols, a highly qualified psychologist, gave extensive testimony regarding a battery of evaluative studies which she performed on the Appellant. … evidence, this court concluded that MCFP staff reports “were clearly of the type that psychiatrists would rely upon in making a similar professional judgment” and thus satisfied the requirements of Rule 703.

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

Berg v. Health & Hospital Corporation of Marion County

865 F.2d 797 · Court of Appeals for the Seventh Circuit · Jan 20, 1989

To combat the spread of acquired immune deficiency syndrome (AIDS) in Marion County, HHC’s Board of Trustees adopted General Ordinance No. 5-1985(A) (open booth ordinance) in February 1986. … Of specific danger is the sexually transmissible disease of Acquired Immune Deficiency Syndrome, which is currently found to be irreversible and uniformly fa *806 tal.

Klunk v. County of St. Joseph

170 F.3d 772 · Court of Appeals for the Seventh Circuit · Mar 19, 1999

Thus, the rule clearly contemplates that a factual dispute regarding one element of a claim or defense will not bar judgment as a matter of law if there is no legally sufficient evidentiary basis to support the other elements … Under facts similar to this case, the district court refused to grant summary judgment based on a defense of qualified immunity.

United States v. Carl Hach and Francis Hach

162 F.3d 937 · Court of Appeals for the Seventh Circuit · Dec 9, 1998

Based on this finding, it was not clearly erroneous to impose a $20,000 fine. III. … The record shows however, that Sajenko clearly stated how much cocaine he sold the defendants.

Director, Office of Workers' Compensation Programs v. Forsyth Energy, Inc.

666 F.2d 1104 · Court of Appeals for the Seventh Circuit · Dec 11, 1981

A coal mine operator was required to secure the payment of benefits for which it might be found liable by purchasing an approved policy of insurance or by qualifying as a self insurer with the Department of Labor. … As stated previously, the Act mandates that operators carry insurance or qualify as a self-insurer for those claims they might be liable for.

Clayton W. Clark v. Takata Corporation, American Honda Motor Co., Inc., Honda Motor Co., Ltd.

192 F.3d 750 · Court of Appeals for the Seventh Circuit · Sep 24, 1999

Lafferty’s unequivocal testimony clearly demonstrates that he has not proven this allegation; rather, he has assumed it to be true. … Lafferty is qualified to render opinions in this case. However, Lafferty’s qualifications are not at issue — even the defendants admit he is qualified to serve as an expert — but qualifications alone do not suffice.

United States v. Thomas Michael Riely

484 F.2d 661 · Court of Appeals for the Seventh Circuit · Oct 9, 1973

In that case, after carefully establishing the proposition that the registrant had described the type of belief which qualifies for the exemption, see 430 F.2d at 621-622 , Judge Fairchild explained the reason for the rule … qualifies for the exemption.” 380 U.S. at 165-166 , 85 S.Ct. at 854 .

Allerd Sharlow v. Thomas R. Israel and Attorney General of Wisconsin

767 F.2d 373 · Court of Appeals for the Seventh Circuit · Jul 22, 1985

“Kruschke, who had been granted immunity, testified that he had left the tavern to go back to the apartment he shared with Blanchette and get Blanchette’s revolver. … We agree with the district court that the prosecution "has no duty to confer immunity or coordinate the prosecution of co-defendants in the manner Sharlow suggests.” 8 .

Chicago District Council of Carpenters Pension Fund v. Reinke Insulation Company and K. Reinke, Jr., & Company

347 F.3d 262 · Court of Appeals for the Seventh Circuit · Oct 17, 2003

The only question that matters thus is whether the district judge’s decision is clearly erroneous. It is hard to see how it could be. … The district court’s affirmative answer is not clearly erroneous, so the judgment is AFFIRMED