Case law

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.

Judd v. First Federal Savings & Loan Ass'n of Indianapolis

710 F.2d 1237 · Court of Appeals for the Seventh Circuit · Jun 23, 1983

This document much more clearly creates'a trust: it establishes the trustor, the beneficiary, and a separate trustee, along with designating the trust property; it confers specific powers upon the beneficiary; and the caption … indicates intent to establish a trust.

Corporate Assets, Inc. v. Paloian

368 F.3d 761 · Court of Appeals for the Seventh Circuit · May 17, 2004

CAI appealed the bankruptcy court's decisions to reopen the bidding and to confirm the sale to CAI at the higher price established by the second auction. The district court affirmed. … Generally speaking, a court abuses its discretion when its decision is premised on an incorrect legal principle or a clearly erroneous factual finding, or when the record contains no evidence on which the court rationally

Jeryme Morgan v. Minh Schott

914 F.3d 1115 · Court of Appeals for the Seventh Circuit · Feb 5, 2019

immunity applies. … We begin with an overview of the favorable-termination rule established in Heck v. Humphrey.

Erin Bauer v. Armslist, LLC

Court of Appeals for the Seventh Circuit · Jun 12, 2023

It reasoned, in relevant part, that liability was dis- proportionate considering the state’s immunity laws. If the defendant had been a social host who had served alcohol to the defendant, he would be immune from suit. … Wisconsin statutes regulate the entities that qualify as firearms dealers; other ac- tors are not subject to those statutes and have not been charged with enforcing them.

United States v. Gonzalo Garcia-Avila

737 F.3d 484 · Court of Appeals for the Seventh Circuit · Dec 13, 2013

The Meeting on February 24, 2010 In exchange for an immunity agreement, a confidential informant (“CI”) agreed to pose as an individual looking to buy drugs. … At Garcia’s trial, Jon Johnson (“Johnson”), a DEA agent with 24 years of experience, was qualified as an expert.

Dion Mathews v. Lebbeus Brown

Court of Appeals for the Seventh Circuit · Apr 11, 2019

Alternatively, he concluded, the defendants were  entitled to qualified immunity on both claims.    … Qualified  immunity shields government officials from damages if they did not violate a clearly  established, specific federal right. See City of Escondido v. Emmons, 139 S. Ct. 500, 503  (2019). 

United States v. Bradley Carl Brown

276 F.3d 930 · Court of Appeals for the Seventh Circuit · Jan 10, 2002

But the statute goes on to provide that a robbery shall not qualify as a serious violent felony “if the defendant establishes by clear and convincing evidence” that (again, so far as bears on this case) he did not use a “ … Oregon, 343 U.S. 790, 798 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952), and even more clearly therefore it can be as in this case the lesser burden of proof by clear and convincing evidence. Apprendi v.

Lileikis v. SBC Ameritech, Inc.

84 F. App'x 645 · Court of Appeals for the Seventh Circuit · Dec 15, 2003

In order to establish a prima facie case of discrimination, Lileikis must show that “(1) she is disabled under the ADA; (2) she is qualified to perform the essential functions of her job with or without reasonable accommodation … Finally, Lileikis’s termination was clearly justified by her awful attendance record. She was suspended for attendance violations six separate times.

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.

Carol Hottenroth v. Village of Slinger

388 F.3d 1015 · Court of Appeals for the Seventh Circuit · Oct 28, 2004

Lange’s refusal to make a recommendation was clearly within her discretion as Hottenroth’s supervisor. … Such vague and unsupported statements clearly fall far short of establishing a claim of a hostile work environment.

Lohorn v. Michal

913 F.2d 327 · Court of Appeals for the Seventh Circuit · Aug 30, 1990

Lohorn submits that, because Indiana has adopted a statutory home rule system under which Crawfordsville qualifies as a home rule unit (municipality), sec *336 tion 36-8-3-4 does not apply to it. … the establishing law incorporates those provisions).

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.

Porter v. Whitehall Laboratories, Inc.

9 F.3d 607 · Court of Appeals for the Seventh Circuit · Nov 1, 1993

First, the person must be “qualified as an expert by knowledge, skill, experience, training, or education.” Fed.R.Evid. 702. … The testimony need not be known to a certainty; however, in order to qualify as “scientific knowledge,” an inference or assertion must be derived by the scientific method.

Graves v. St. Joseph County Health Department

524 F. App'x 275 · Court of Appeals for the Seventh Circuit · Apr 15, 2013

The district court concluded that Graves did not establish a prima facie case of race or age discrimination, retaliation, or hostile work environment. We affirm the judgment of the district court. … But to demonstrate pretext, Graves would have to show that reasonable persons could not dispute that she was clearly the better-qualified candidate for the position. See Mlynczak v.

David B. v. Jess McDonald Director of the Illinois Department of Children and Family Services

116 F.3d 1146 · Court of Appeals for the Seventh Circuit · Aug 5, 1997

The district judge understood Rufo to permit modification of a consent decree only when “the substantive law ... has so clearly and dramatically changed as to render continued enforcement of the Consent Decree inequitable … The qualifier “solely by reason of her or his disability” makes it essential to determine the ground on which exclusion from a program is based.

Christen M. Shannon, a Minor, by Her Guardian Ad Litem v. James P. Shannon and Edith A.R. Shannon v. United Services Automobile Association, Commercial Union Insurance Companies, Steven Schultz

965 F.2d 542 · Court of Appeals for the Seventh Circuit · Jul 30, 1992

Clearly, hospital care, while serving the public, is not the exclusive prerogative of the State. Additionally, the Court in Garcia v. … . §§ 201 et seq.), held that drawing "the boundaries of state regulatory immunity in terms of 'traditional government function' is not only unworkable but is also inconsistent with established principles of federalism....

Forrest T. Akers v. General Motors Corporation

501 F.2d 1042 · Court of Appeals for the Seventh Circuit · Aug 2, 1974

GM and plaintiffs’ Union 3 had established SUB in their collective bargaining agreement, to provide weekly benefit payments supplementing state unemployment compensation. … We reject the contention because clearly, under SUB, credit units accrue as time passes, whether an employee does or does not work.

Vulcan Materials Company v. Ernest J. Sauber, District Director of Internal Revenue, and D. J. Luippold, Acting District Director of Internal Revenue

306 F.2d 65 · Court of Appeals for the Seventh Circuit · Jul 27, 1962

The court’s basic finding on this issue is that, “The commonly understood commercial meaning of dolomite is a stone containing no more than 5% impurities. * * * ” We believe that this finding is clearly erroneous. … United States, supra, the court said: “There are certain uses of dolomite for which only dolomite of a particular degree of purity can qualify.

Robert W. Sawyer v. United States

831 F.2d 755 · Court of Appeals for the Seventh Circuit · Oct 8, 1987

Recklessness in this context is established if the corporate officer “(1) clearly ought to have known that (2) there was a grave risk that withholding taxes were not being paid and if (3) he was in a position to find out … Certainly the issue of willfulness is not immune to summary judgment, despite its subjective and factual nature if the evidence with respect thereto is uncontested and only the conclusion is disputed.