Case law

Trustees Chicago Pai v. Royal Int'l Drywall

Court of Appeals for the Seventh Circuit · Jul 3, 2007

Accordingly, under Daubert, Hull and Parr were qualified to offer expert testimony regarding the rate of drywall taping. … Furthermore, the district court did not clearly err in awarding the Trustees liquidated damages.

The American District Telegraph Company, an Alabama Corporation v. Brink's Incorporated, a Delaware Corporation

380 F.2d 131 · Court of Appeals for the Seventh Circuit · May 8, 1967

Thus, in Lulay, 34 Ill.2d at 115-116 , 214 N.E.2d at 748 the court said: 12 "* * * The burden of proving actual malice is always upon the plaintiff, and it would not be the ordinary case where a plaintiff could establish … Thus, the District Court was clearly correct in deciding, as a matter of law, that the press release was substantially accurate." 20 For the foregoing reasons, the order from which this appeal was taken is affirmed. 21 Order

United States v. Raul Cruz-Velasco, Ramiro S. Trevino, and Joseph L. Cuevas

224 F.3d 654 · Court of Appeals for the Seventh Circuit · Sep 13, 2000

Although the appellate record clearly reflects that defendant Trevino’s trial counsel did not ask for the downward departures that defendant Trevino now claims should have been requested, the record does not reveal the circumstances … This case was conducted under an open discovery policy, and the government was clearly obligated to disclose the passenger list to the defense as soon as it was received.

United States v. Lee A. Wilson

437 F.3d 616 · Court of Appeals for the Seventh Circuit · Feb 2, 2006

State law does have a role to play in the federal statutory scheme, but that role is limited to the determination of whether the defendant is a convicted felon. *620 Once the felony conviction is established, federal law … If the pardon, expungement, or restoration of rights provides that the convicted person may not possess firearms, the conviction remains a qualifying predicate for purposes of § 922(g)(1).

Doctors Nursing & Rehabilitation Center v. Sebelius

613 F.3d 672 · Court of Appeals for the Seventh Circuit · Jul 16, 2010

Second, Gao did not establish a general rule that agencies may divest courts of jurisdiction by reopening final decisions. … We cannot say that “good cause” is so clearly lacking that the district court would abuse its discretion if it remanded the case to the agency.

Stepp v. Colvin

795 F.3d 711 · Court of Appeals for the Seventh Circuit · Jul 31, 2015

MacKay’s notes in thé list of exhibits conclusively establishes that the Council deemed those notes new and material. … In sum, while Stepp’s case clearly falls somewhere on the spectrum between Perkins and Farrell , we believe it is closer to Farrell .

United States v. Bryant, Thomas

Court of Appeals for the Seventh Circuit · Feb 26, 2009

to qualify as crack for sentencing purposes. … Cases from this and other circuits establish, therefore, that the presence of sodium bicarbonate is not a litmus test for establishing that a substance is “crack” for the pur- poses of Section 2D1.1.

Ester v. Pafford and Thomas A. Krudy, Trustee in Bankruptcy for the Estate of Ester v. Pafford v. Alexis M. Herman, Secretary of Labor, 1

148 F.3d 658 · Court of Appeals for the Seventh Circuit · Jul 29, 1998

If the plaintiff was not qualified for any reason, then she falls short of establishing a prima facie case and there is no inference of discrimination. … Pafford has failed to come forward with sufficient evidence of her qualifications for promotion, and has likewise failed to establish that she was as qualified or more qualified than the four Caucasian employees who were

William M. Salus v. Gte Directories Service Corp.

104 F.3d 131 · Court of Appeals for the Seventh Circuit · Jan 10, 1997

In the section 510 context, this approach requires that a plaintiff establish a prima facie case of interference by demonstrating that he (1) belongs to the protected class; (2) was qualified for his job position; and (3) … GTE next argues that the district court’s finding that GTE did not have an established job-abandonment policy was clearly erroneous.

United States v. Steven J. Nigg

Court of Appeals for the Seventh Circuit · Jan 31, 2012

Did Nigg’s Prior Convictions Qualify as Three Violent Felonies? … Dickerson, 901 F.2d 579, 584 (7th Cir. 1990) (“robbery” under Illinois law qualified as a violent felony).

United States v. Khalil Muhammad, A/K/A Jerry Jackson

928 F.2d 1461 · Court of Appeals for the Seventh Circuit · Apr 4, 1991

Although the affidavit could have more clearly explained the circumstances of the pur *1466 suit and apprehension of both Muhammad and Edmonds, noting that the two were together when the police arrived and that thereafter … . “ ‘The phrase “qualified witness” is to be broadly interpreted as requiring only someone who understands the system.’ ” United States v.

Charles COLLINS, Plaintiff-Appellee, v. D.J. KIBORT and Educational Therapy Center, Defendants-Appellants

143 F.3d 331 · Court of Appeals for the Seventh Circuit · May 1, 1998

During that school year, Kibort met with Estes and Collins to establish their respective responsibilities. … of that business activity to make records, as shown by the testimony of the custodian or otherwise qualified witness.’”

Michael Chambers, Plaintiff-Appellee-Cross-Appellant v. Victoria Ingram, Defendant-Appellant-Cross-Appellee

858 F.2d 351 · Court of Appeals for the Seventh Circuit · Sep 21, 1988

Clearly, in my view the record shows that Dr. Ali himself had committed the malpractice; that’s not before me. That portion of the case has been settled. Dr. … Schwarz clearly testified that Dr. Ingram's failure to provide certain information violated the relevant standard of care, not just that his practice or preference was to provide the additional information.

Stahlin v. Hilton Hotels Corp.

484 F.2d 580 · Court of Appeals for the Seventh Circuit · Aug 28, 1973

In addition to the foregoing sequence of events, the evidence at trial established that Mrs. … Plaintiffs produced expert testimony that a reasonably well qualified registered nurse, apprised of the facts known to Mrs.

Norfleet, Marc v. Dringoli, Daniel

136 F. App'x 911 · Court of Appeals for the Seventh Circuit · Jun 6, 2005

any clearly established right of which a reasonable officer would be aware. … And even if Dringoli were not entitled to qualified immunity, the court found that there was no factual evidence to support a violation of due process.

Macey Co. v. Globe-Wernicke Co.

180 F. 401 · Court of Appeals for the Seventh Circuit · Apr 19, 1910

The preferred stockholders, representing $300,000 of cash capital, were many of them engaged in other business, and it appears that none were qualified or available to take charge permanently; so that all interests were in … Qn the other hand, they had, for the purpose of reviving the business, made it possible for him to secure supposed immunity. The corporation placed itself in his hands, as did the stockholders.

Darrell Albedyll v. Wisconsin Porcelain Company Revised Retirement Plan

947 F.2d 246 · Court of Appeals for the Seventh Circuit · Oct 22, 1991

The Company has established the Plan with the bona fide intention and expectation that from year to year its Active Partners will deem it advisable to make contributions and to provide the benefits herein established. … One function of ERISA is to establish clearly when rights shift from participants to employers, and permitting an 11.04 exception here would circumvent this clear purpose. 40 Third, we think that the phrase "limitation upon

Adams, Reuben v. Bartow, Byran

Court of Appeals for the Seventh Circuit · Jun 3, 2003

DISCUSSION For Adams to obtain federal habeas corpus relief, he must show that the Wisconsin Court of Appeals’ decision was an “unreasonable” application of clearly established federal law, as determined by the Supreme … Moreover, even if Foucha can be read to have implied in dicta that APD standing alone is insufficient to warrant civil commitment, dicta does not qualify as “clearly established Federal law” for purposes of § 2254(d)(1).

Central Rivers Towing, Inc. v. City of Beardstown

750 F.2d 565 · Court of Appeals for the Seventh Circuit · Dec 6, 1984

The evidence clearly establishes that the City was well aware of the risk posed by the submerged pier. … It weighed the conflicting evidence and its finding is not clearly erroneous. .

Air Line Pilots Association, International, Cross v. United Air Lines, Inc., Cross-Appellee

802 F.2d 886 · Court of Appeals for the Seventh Circuit · Sep 30, 1986

We are, of course, required to adopt these factual findings unless they are shown to be clearly erroneous. … Finally, United stated that it planned to continue to pay the guaranteed salaries to the fleet-qualified replacements.