Case law

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.

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.

National Labor Relations Board v. General Indicator Corporation, Redco Division

707 F.2d 279 · Court of Appeals for the Seventh Circuit · May 10, 1983

This balancing process, resting initially with the Board, is not immune from judicial review.” NLRB v. Prescott Industrial Products Co., 500 F.2d 6, 10 (8th Cir.1974) (footnote omitted). … The testimony at the hearing clearly established that Rhines had a history of disrupting the work assignments of his co-employees and causing dissension and turmoil within the Company’s plant.

Bush's, Inc. v. United States

277 F.2d 780 · Court of Appeals for the Seventh Circuit · Apr 29, 1960

Riddell, D.C.S.D.Cal.1952, 106 F.Supp. 132, 135 , affirmed 9 Cir., 1953, 206 F.2d 925 , the Trial Court held that the Statute clearly showed that Congress did not intend to reach payments for refreshments served after the … There the majority affirmed a judgment for refund of cabaret taxes improperly levied in the erroneous belief that the taxpayer’s establishment qualified as a cabaret.

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).

Amax Coal Co. v. United Mine Workers

92 F.3d 571 · Court of Appeals for the Seventh Circuit · Aug 13, 1996

One of these oilers was able to qualify as a welder, however, and so did not lose his position. The other two oilers were unable to qualify as welders and were therefore replaced by welders on their crews. … Thus the Agreement clearly establishes that all training opportunities are dependent upon a prior determination of “trainability.”

Killman, William T. v. OWCP

Court of Appeals for the Seventh Circuit · Jul 19, 2005

Because the earlier decision had established that Killman was suffering from pneumoconiosis, this ALJ determined that Killman 4 No. 04-2506 would have to “establish a material … Cohen’s opinion in the face of the assessment of the other three and the fact that none of the medical tests produced results that clearly qualified Killman as disabled under 20 C.F.R. § 718.204(b)(2)(i), (ii).

Michael T. Dugan, II v. United States

18 F.3d 460 · Court of Appeals for the Seventh Circuit · Mar 9, 1994

Dugan’s stipulation that Exhibits 800-825, including Exhibits 807 and 808, were admissible in evidence, clearly establishes that the Brady violation argument is without merit. … We set forth the requirements for establishing ineffective assistance of counsel in United States v.

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.

Morales, Alfonso v. Jones, Arthur

Court of Appeals for the Seventh Circuit · Jul 17, 2007

Morales’s speech was protected in its entirety by the First Amendment, I will briefly address the question of qualified immunity. … In the alternative, the defendants asked that we find that they are entitled to qualified immunity.

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.

Sharon Wildey v. Richard A. Springs, Cross-Appellee

47 F.3d 1475 · Court of Appeals for the Seventh Circuit · Mar 14, 1995

Illinois law clearly governs under the most significant contacts test. … An admission concerning the date of the engagement would have unequivocally established the place of the engagement — a fact that was quite important for reasons noted in our choice-of-law analysis.

United States v. Thomas L. Hudspeth

42 F.3d 1015 · Court of Appeals for the Seventh Circuit · Oct 28, 1994

The sentencing judge found that Hudspeth qualified for an enhancement of his sentence under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e)(1), based on his criminal record. … The police reports do not establish with any certainty the sequence of the burglaries or the precise means of entry.

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.

Enviro Tech International, Inc. v. United States Environmental Protection Agency

371 F.3d 370 · Court of Appeals for the Seventh Circuit · Jun 10, 2004

In 1994, the EPA established the Significant New Alternatives Policy (“SNAP”) program to carry out these directives. … Thus, in order to qualify for the privilege, a document must be both predecisional in the sense that it is “actually [antecedent to the adoption of an agency policy,” and deliberative in the sense that it is “actually ...

Debra K. Keach and Patricia A. Sage v. U.S. Trust Company, Formerly Known as U.S. Trust Company of California N.A.

419 F.3d 626 · Court of Appeals for the Seventh Circuit · Aug 17, 2005

In establishing that there has been compliance with the statutory mandate, “[t]he degree to which a fiduciary makes an independent inquiry is critical.” Id. at 456 . … Sage next contend that the district court clearly erred in concluding that the risks associated with MBC’s sweepstakes marketing were not material to the ESOP II transaction.

33 Fair empl.prac.cas. 1786, 33 Empl. Prac. Dec. P 34,082 Charles Sims v. Margaret Heckler, Secretary, United States Department of Health and Human Services

725 F.2d 1143 · Court of Appeals for the Seventh Circuit · Jan 26, 1984

Because Zipes involved a private defendant, we do not think that its holding may be extended to the case at bar, where principles of sovereign immunity control. 20 It is established that "the United States, as sovereign, … Waivers of sovereign immunity are to be strictly construed. Reynolds v. United States, 643 F.2d 707 (10th Cir.1981); Sprouse v.

United States v. Upton

512 F.3d 394 · Court of Appeals for the Seventh Circuit · Jan 9, 2008

To obviate any prejudice, the government agreed to clearly separate Everman’s expert and lay testimony. … These convictions clearly qualify under the Act. In light of his recidivism, Upton’s convictions were Class 4 felonies, which allow for one to three years’ imprisonment. 730 ILCS 5/5 — 8—1(7).

Jason Rahimzadeh v. Ace American Insurance Company

Court of Appeals for the Seventh Circuit · Jul 25, 2025

Ace denied the claim on the ground that he did not qualify as an insured under his employer’s com- mercial automobile insurance policy. Mr. … Direct Auto Insurance Co., 234 N.E.3d 75 (Ill. 2023), established that occupancy requirements are contrary to public policy. The district court denied 10 Rahimzadeh v. ACE American Ins.