Case law

Argento v. Village of Melrose Park

838 F.2d 1483 · Court of Appeals for the Seventh Circuit · Jan 27, 1988

Act (hereinafter “Tort Immunity Act”). … Illinois law, however, is clearly to the contrary.

Jurellene Jorman v. Veterans Administration, and Harry N. Walters, Administrator, Defendants

830 F.2d 1420 · Court of Appeals for the Seventh Circuit · Dec 9, 1987

Thus, in 1968, the VA ceased excluding inner-city areas from those in which it would guarantee mortgages for qualified veterans. Plaintiffs’ primary expert, Dr. … Thus, we find that the district court’s determination that VA practices did not significantly increase whites’ fears was not clearly erroneous.

Bell v. City of Milwaukee

746 F.2d 1205 · Court of Appeals for the Seventh Circuit · Sep 4, 1984

Phillips, supra, but the survivors clearly are. The brothers and sister established all other elements of their Section 1985 claim and were themselves the direct targets of a racially-motivated cover-up conspiracy. … Section 1985(3) addresses equal protection and federal privileges and immunities, one of the privileges and immunities being access to the courts.

Carol Elaine Williams, by Her Mother and Next Friend, Marcia Williams v. St. Joseph Hospital

629 F.2d 448 · Court of Appeals for the Seventh Circuit · Jul 15, 1980

But as clearly explained in the acute analysis set forth by Judge (now Mr. Justice) John Paul Stevens, speaking for this Court in Dombrowski v. Dowling, 459 F.2d 190, 194-96 (C.A.7, 1972); and Cohen v. … Of course an individual doctor could unilaterally establish his own individual policy to eschew dealing with troublesome patients, under Colgate.

Karlin v. Foust

188 F.3d 446 · Court of Appeals for the Seventh Circuit · Aug 9, 1999

Requiring them to discuss a list of clearly prescribed topics with a patient is simply not that difficult of a task especially when AB 441 clearly identifies the topics that need be discussed. … "qualified.”

United States v. Anderson

604 F.3d 997 · Court of Appeals for the Seventh Circuit · May 13, 2010

Section 3E1.1 reads: (a) If the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels. … Nowhere in the record does it even establish that the district court adopted the Guideline range in the presentencing report.

Beth Lavallee v. Med-1 Solutions, LLC

932 F.3d 1049 · Court of Appeals for the Seventh Circuit · Aug 8, 2019

As we’ve just explained, to qualify as a “communication” under the Act, a message must “convey[] … information regarding a debt.” Id. … Credit Control, LLC, 871 F.3d 1255 (11th Cir. 2017), sup- ports its position that a message can qualify as a communi- cation without mentioning a debt.

Bajramoski v. Holder

351 F. App'x 133 · Court of Appeals for the Seventh Circuit · Nov 10, 2009

In order to qualify for asylum, an applicant has the burden of establishing that he is a refugee, 8 U.S.C. § 1158 (b)(1), which is defined as an individual who is unable or unwilling to return to his home country because … He asserts that at his removal hearing he “clearly and credibly explained how he feared returning to Macedonia,” Pet.

United States v. James R. Spillman and Patrick Boker

924 F.2d 721 · Court of Appeals for the Seventh Circuit · Mar 4, 1991

At the same time, however, the government informed the court that the defendant very likely qualified for an upward departure under Guideline § 4A1.3, because his criminal history category did not adequately reflect the severity … Congress has the power to eliminate discretion in sentencing altogether by establishing mandatory sentences; therefore, it has the authority to specify whether certain factors may be considered by the district court in imposing

United States v. Ellis, Bernard

622 F.3d 784 · Court of Appeals for the Seventh Circuit · Sep 17, 2010

This evidence, we held, established an interruption in the defendant’s possession of the shotgun sufficient to establish two separate crimes and therefore permit more than one punishment for distinct acts of pos- sessing … C ODE § 35-45-2-1 24 Nos. 08-2512, 08-2443 & 08-4055 qualifies as a third violent felony.

City of La Crosse v. Cameron

80 F. 264 · Court of Appeals for the Seventh Circuit · May 3, 1897

the owner of the fee title, who seeks possession in denial of the qualified ownership asserted? … The former conferred and established a right and title, while the latter only barred a recovery.

Kathryn R. Carey, Cross-Appellees v. Arthur F. Quern, Cross-Appellants, and Joseph Bertrand

588 F.2d 230 · Court of Appeals for the Seventh Circuit · Dec 13, 1978

In this case, defendant Quern is Director of the Illinois Department of Public Aid, which is clearly an arm of state government. Ill.Rev.Stat., ch. 127 § 3, § 48a. … Those considerations, which tended to establish that the fund in Miller-Davis was financially autonomous, are not present in this case.

River Road Hotel Partners, LLC v. Amalgamated Bank

651 F.3d 642 · Court of Appeals for the Seventh Circuit · Jun 28, 2011

(2) The Plain Language of Section 1129(b)(2)(A) Does Not Clearly Authorize Confirmation of the Debt- ors’ Reorganization Plans With this background information in mind, we can begin our analysis … The Code recognizes two basic mechanisms for solving these types of valuation problems: judicial valuation of an asset’s value, 11 U.S.C. § 506(a)(1), and free market valuation of an asset’s value as established in an open

John Lawson, Sr. v. Csx Transportation, Incorporated

245 F.3d 916 · Court of Appeals for the Seventh Circuit · Mar 26, 2001

Clearly, the ability to eat is integral to one’s daily existence, as much or more so than the activities listed in the implementing regulations. … The record before us establishes that Mr. Lawson’s impairment is serious and severe.

Dorothy Gautreaux v. Chicago Housing Authority and Terry Peterson v. Daniel E. Levin and the Habitat Company Llc, Receivers-Appellees

491 F.3d 649 · Court of Appeals for the Seventh Circuit · Aug 6, 2007

Either an enforceable judgment on the merits or a settlement agreement enforced through a consent decree may qualify as the necessary court-ordered change. … City of Chicago, 10 F.3d 474 (7th Cir.1993) (en banc), the rates established there are legitimate evidence as to whether these rates are reasonable.

J. Douglas Kile v. Commissioner of Internal Revenue, David Granzow v. Commissioner of Internal Revenue, Basic Bible Church of America, Auxiliary Chapter 1104, Herbert C. Graf, Apostle v. Commissioner of Internal Revenue

739 F.2d 265 · Court of Appeals for the Seventh Circuit · Aug 31, 1984

Sec. 7428 , that it qualified as an exempt organization. … The Tax Court's holding on whether this burden of proof has been met must be sustained on appeal unless clearly erroneous.

River of Life Kingdom Ministries v. Village of Hazel Crest

611 F.3d 367 · Court of Appeals for the Seventh Circuit · Jul 2, 2010

This more nuanced understanding of the term narrows the range of establishments that qualify as secular “assemblies” under the equal-terms provision. Moreover, the focus should be on the property’s primary use. … Incidental uses should be disregarded; an establishment that only occasionally serves as an “assembly” will not qualify.

Continental Training Services, Inc. D/B/A Superior Training Services v. Lauro Cavazos, Secretary of Education

893 F.2d 877 · Court of Appeals for the Seventh Circuit · Jan 10, 1990

In order for correspondence courses to qualify under the Pell Grant program, they must involve at least 600 clock hours of study. 34 C.F.R. §§ 600.2 , 600.5(a)(5)-(6) (1988). … We note that the regulations, while they strongly suggest the interpretation the Department urges, do not clearly indicate the broad policy the Department now espouses.

United States v. Robert A. Levy

955 F.2d 1098 · Court of Appeals for the Seventh Circuit · Feb 24, 1992

After applying the four-pronged Zapata test for evaluating *1103 Rule 404(b) motions, the district court concluded that the evidence clearly established Levy’s intent to distribute cocaine. … Such evidence, though admittedly harmful to Levy’s defense, hardly qualifies as unduly prejudicial or cumulative within the meaning of Rule 403.

George A. Lloyd and Janet B. Wolfe, Etc. v. The Regional Transportation Authority and the Chicago Transit Authority

548 F.2d 1277 · Court of Appeals for the Seventh Circuit · Jan 18, 1977

Moreover § 84.4(b)(2) establishes that “A recipient may not provide different or separate aid, benefits or services to handicapped persons unless such action is necessary to provide qualified handicapped persons with aid, … As demonstrated above, Section 504 establishes affirmative private rights.