Case law

Fischer v. Avanade, Inc.

519 F.3d 393 · Court of Appeals for the Seventh Circuit · Mar 14, 2008

A failure to promote claim can be established through either the direct method of proof or the indirect burden-shifting method established in McDonnell Douglas Corp. v. … better qualified for the position at issue.”

Moore, Richard A. v. Muncie Police Fire

Court of Appeals for the Seventh Circuit · Dec 5, 2002

Thus, his application did not qualify for approval under the transition policy. … a person of rights, privileges, or immunities secured by the Constitution or laws of the United States.”

Cook County College Teachers Union, Local 1600, American Federation of Teachers, Afl-Cio, a Voluntary Association v. Milton B. Byrd

456 F.2d 882 · Court of Appeals for the Seventh Circuit · Mar 9, 1972

On this appeal, we are bound by the “clearly erroneous” test of Rule 52(a), Fed.R.Civ.P. … Evidence presented at the hearing clearly showed that Pauli and Nedelsky had engaged in the following activities: (1) open support of the Cook County College Teachers Union’s unsuccessful efforts to establish itself as a

United States v. Charles Taylor

135 F.3d 478 · Court of Appeals for the Seventh Circuit · Jan 30, 1998

Where evidence is otherwise reliable, however, it is well established that hearsay is acceptable during the sentencing phase. United States v. Edwards, 115 F.3d 1322, 1326 (7th Cir. 1997); United States v. … In his view, poking a pellet gun into someone’s back, which the evidence showed Charles did to teller Unruh, does not qualify as “otherwise using” a dangerous weapon under this definition.

Samuel D. Mills v. D. Bruce Jordan

979 F.2d 1273 · Court of Appeals for the Seventh Circuit · Nov 19, 1992

Similarly, the Florida conviction in the case before us would be immune from collateral attack in the federal courts (on the basis of procedural default) were Mills challenging it as such. … Consequently, he cannot establish that a fundamental miscarriage of justice oc *1280 curred when the district court refused to consider the merits of his claim. III.

Gray v. Hardy

598 F.3d 324 · Court of Appeals for the Seventh Circuit · Mar 12, 2010

The trial court rejected all three claims, concluding that Gray clearly qualified for the extended-term sentence and that his counsel’s failure to challenge the sentence under Apprendi did not constitute deficient performance … Under Illinois law, the state argues, the facts of this murder clearly qualified Gray for an extended-term sentence and, thus, the trial court’s determination of the matter as opposed to a jury was harmless.

United States v. Shotwell Manufacturing Co.

225 F.2d 394 · Court of Appeals for the Seventh Circuit · Jun 15, 1955

Disregarding the merits of the suppression question for the moment, it seems to me the majority fails to define clearly its interpretation of the Bureau’s voluntary disclosure policy. … These shipments were invoiced to the buyer at the established ceiling price, and payments therefor at those prices were recorded on Shotwell’s books and duly reported on its tax returns.

United States v. Frazier, Eric L.

Court of Appeals for the Seventh Circuit · May 23, 2000

The memorandum alleged perjury, specifically regarding Frazier’s statement that he could get probation or immunity through his cooperation. … Therefore, the obstruction of justice enhancement was not clearly erroneous.

Marie Ellsworth & Paul Ellsworth v. City of Racine, a Municipal Corporation

774 F.2d 182 · Court of Appeals for the Seventh Circuit · Sep 23, 1985

Thus, we in no way want to immunize municipalities from liability for duties they breach. … Though simple negligence may not give rise to a cause of action under Section 1983, gross negligence clearly gives rise to a cause of action. White, 592 F.2d at 385 .

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 .

Nathan Gillis v. Jon E. Litscher, Gerald A. Berge, Warden, Bradley Hompe

468 F.3d 488 · Court of Appeals for the Seventh Circuit · Nov 14, 2006

Some conditions of confinement may establish an Eighth Amendment violation in combination when each alone would not do so. … Also, defendants have not shown that they are entitled to qualified immunity.

Mansoor Rana Nasir v. Immigration and Naturalization Service

122 F.3d 484 · Court of Appeals for the Seventh Circuit · Sep 2, 1997

The immigration judge first stated that there had been no request for an interpreter but, after listening to a tape recording of the prior hearing, he acknowledged he was wrong, for the request had clearly been made. … Then the relevant issue is whether he qualifies as a “refugee,” pursuant to 8 U.S.C. § 1101 (a)(42), based on a well-founded fear of future, not past, persecution.

Ann L. Nielsen v. David D. Dickerson

307 F.3d 623 · Court of Appeals for the Seventh Circuit · Oct 9, 2002

In order to qualify as a debt col *640 lector, an individual must have some involvement in the effort to collect another’s debts. See 15 U.S.C. § 1692a(6). … See Clomon, 988 F.2d at 1318 (“[a] single violation of § 1692e is sufficient to establish civil liability under the FDCPA”). Accordingly, we do not resolve this question. D.

Illinois Bell Telephone Co. v. Worldcom Technologies, Inc. ex rel. MFS Intelenet of Illinois 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. The details are left to the parties, or the commissions, to work out.

United Fire Insurance Company v. Commissioner of Internal Revenue

768 F.2d 164 · Court of Appeals for the Seventh Circuit · Jul 19, 1985

But if this is the test, then policies reserved under the two-year preliminary term method clearly cannot qualify during their first two years. … Thus even under the “dual obligation” reading of the regulations, a company like United might fail to qualify as a life insurance company when it uses a preliminary term method of reserving, although it would have qualified

Kizer v. Children's Learning Center

962 F.2d 608 · Court of Appeals for the Seventh Circuit · Apr 29, 1992

To meet her burden of establishing a prima facie case of discriminatory discharge, [the plaintiff] must therefore show both that she was qualified for and satisfactorily performing the duties of her job. Lee v. … Thus, in order to meet her burden of establishing a prima facie case of discriminatory discharge, Kizer “must therefore show both that she was qualified for and satisfactorily performing the duties of her job.” Id.

United States v. Village of Little Chute, Wisconsin and Paul Kostka, President of the Village

248 F.2d 228 · Court of Appeals for the Seventh Circuit · Sep 24, 1957

No officer has authority to waive that immunity in the absence of express provision by Congress. United States v. New York Rayon Importing Co., 1947, 329 U.S. 654, 660 , 67 S.Ct. 601 , 91 L.Ed. 577 . … This it clearly had no legal right to do. The injunction was properly issued. The judgment is Affirmed.

Norberto Torres v. Kent Brookman

Court of Appeals for the Seventh Circuit · Oct 17, 2025

I have, finally, considered whether the defendants are en- titled to qualified immunity. … Legitimate qualified-immunity arguments must rest on the particular facts of the case and on the state of the law at the time the defendants acted. The defendants’ ar- gument below was deficient in both respects.

Rolfs v. Commissioner

668 F.3d 888 · Court of Appeals for the Seventh Circuit · Feb 8, 2012

Where “the size of the payment is clearly out of proportion to the benefit received,” taxpayers can deduct the excess, provided that they objectively intended it as a gift. … Thus, the donation was deemed allowable as a legitimate charitable deduction, and the court proceeded to value the donation using the established insurance loss figure for the building.

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