Case law

Amadio, Thomas v. Ford Motor Company

Court of Appeals for the Seventh Circuit · Feb 1, 2001

period, not qualified); Corder, 162 F.3d at 928 (employee missing eighteen months of work not qualified); Nowak, 142 F.3d at 1003- 04 (employee missing eighteen months of work not qualified). … Amadio’s record of attendance clearly indicated that, even if he had returned to work in one week, he was not likely to remain for very long before a new ailment afflicted him.

Edmond C. Teumer v. General Motors Corporation

34 F.3d 542 · Court of Appeals for the Seventh Circuit · Sep 7, 1994

To the extent Teumer’s suit involves a claim that Plant 207 did “close” and GM improperly did not pay out IPP benefits to him, a qualifying ten-year employee, it seeks relief under § 502(a)(1)(B). … County of Cook, 202 Ill.Dec. 374, 377-78 , 637 N.E.2d 1110, 1113-14 (Ill.App.1994) (holding that the Governmental Tort Immunity Act’s one-year limitations period applies to retaliatory discharge claims against public bodies

Merian Rohrabaugh, Administratrix of the Estate of John T. Lemen, Sr., Deceased v. United States

611 F.2d 211 · Court of Appeals for the Seventh Circuit · Dec 18, 1979

By letter of March 30, 1978, taxpayer was notified that the claim was disallowed because she had "failed to establish reasonable cause for the late filing." … Moreover, the court has indirectly but effectively immunized a negligent attorney from what appears to be an open and shut malpractice suit.

Planned Parenthood o v. Commissione

Court of Appeals for the Seventh Circuit · Oct 23, 2012

In the context of legislation adopted under the spending power,5 this rigorous approach reflects concerns about federalism and reinforces the principle that Congress must clearly express its “intent to 5 See U.S. … That a range of qualified providers remains available is beside the point.

unempl.ins.rep. (Cch) P 22,190 United States of America, Plaintiff-Appellee/cross-Appellant v. Sergio Zaragoza, A/K/A Louis A. Valera, Defendant-Appellant/cross-Appellee. And United States of America v. Alicia Zaragoza-Barajas

123 F.3d 472 · Court of Appeals for the Seventh Circuit · Jul 28, 1997

This conclusion was not clearly erroneous. As Judge Kocoras alluded to, several pieces of evidence converged to establish that Zaragoza was the Louis Valera who was directing the scheme to defraud the IDES. … Based on the foregoing evidence alone, it is plain that the district court did not clearly err in concluding that Zaragoza was the Louis A.

Ronald Del Raine v. Norman Carlson, Individually and in His Official Capacity as Director of the Federal Bureau of Prisons

826 F.2d 698 · Court of Appeals for the Seventh Circuit · Oct 21, 1987

The magistrate remarked, delphically, that “it also appears that principles of qualified immunity would bar some of plaintiff’s claims against certain defendants.” Which claims? Which defendants? We are not told. … If so he was entitled to certain procedural safeguards, which the district court found back in 1974 he was not given; and this entitlement was clearly established in the case law in 1972. See, e.g., Gray v.

United States v. Lloyd B. Lockwood

840 F.3d 896 · Court of Appeals for the Seventh Circuit · Nov 1, 2016

Before trial, Lockwood stipulated that the pipe bomb qualified as a de- structive device under federal law. … The court did not rely on any clearly erroneous facts with respect to her testimony. 2.

Booth v. Lemont Mfg. Corp.

440 F.2d 385 · Court of Appeals for the Seventh Circuit · Mar 29, 1971

In addition, plaintiff's complaint alleges that the dismissal in the State court of an identical action against all but two of the named defendants herein, because plaintiff's injury did not qualify for standing pursuant … jurisdiction without regard to jurisdictional amount, upon an action commenced: 5 (3) To redress the deprivation under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity

Starcon, Inc. v. National Labor Relations Board

176 F.3d 948 · Court of Appeals for the Seventh Circuit · May 4, 1999

The record is reasonably clear that some at least of the 80 union organizers who applied for jobs with Starcon were qualified for the turnaround jobs being advertised, and given that Starcon clearly needed additional workers … If this were infeasible, Starcon could be ordered to offer reinstatement to the first 10 applicants who were qualified.

Durovic v. Richardson

479 F.2d 242 · Court of Appeals for the Seventh Circuit · May 18, 1973

recognized as safe" as of October 9, 1962. 30 Defendants presented affidavits which, at least prima facie, established (1) that as of the critical date Krebiozen was not generally recognized among qualified experts as safe … We think the standard of general recognition by qualified experts was intended to be strictly construed so that unless a drug is clearly entitled to proceed through the direct channel, it must proceed through the NDA channel

Estate Darlene Allen v. City of Rockford

349 F.3d 1015 · Court of Appeals for the Seventh Circuit · Nov 20, 2003

However, our analysis is complicated by the fact that Taylor and Scott have raised the defense of qualified immunity. Allen bears the burden of defeating this defense. See Sparing v. … Even if this requirement is satisfied, in order to prevail Allen must also show that the constitutional right was clearly established such that a reasonable officer would have understood that she was violating that right.

Demonta Hambright v. Paul Kemper

Court of Appeals for the Seventh Circuit · Dec 8, 2017

  immunity because, as of 2013, it was not clearly established that rescheduling the feast  eight days after Ramadan’s end violated the First Amendment.        … Finally Hambright challenges the magistrate judge’s ruling that Wahlstrom and  Nurdeen were entitled to qualified immunity, given that Hambright had no clearly  established right to have the feast served within three days

Dee Farmer v. Edward Brennan

81 F.3d 1444 · Court of Appeals for the Seventh Circuit · Apr 26, 1996

The defendants then followed up on March 17, 1992, with a motion for a protective order against further discovery on the ground that it would be improper in light of the defense of qualified immunity they had raised in the … Furthermore, and more generally, the Court explicitly stated that “[t]he summary judgment record does not so clearly establish [the prison officials’] entitlement to judgment as a matter of law on the issue of subjective

American Needle Inc. v. National Football League

538 F.3d 736 · Court of Appeals for the Seventh Circuit · Aug 18, 2008

Independence Tube Corp., 467 U.S. 752 , 104 S.Ct. 2731 , 81 L.Ed.2d 628 (1984), and its progeny, they were immune from liability under § 1. … And in its order rejecting American Needle’s second Rule 56(f) motion, the court clearly explained that further discovery was unnecessary because “the facts that materially [bore] upon the [court’s] decision[ ] [were] undisputed

Ronald J. Smith v. United States

76 F.3d 879 · Court of Appeals for the Seventh Circuit · Apr 3, 1996

That is, if his claim is based on a new constitutional rule established after his *881 conviction became final, the conviction is immune from constitutional attack. Teague does not help the government in this case. … A criminal proceeding clearly subjects a defendant to punishment.

Peabody Coal Co. v. Spese

117 F.3d 1001 · Court of Appeals for the Seventh Circuit · Jun 27, 1997

See 946 F.2d at 558 (“[i]f having established that he is now totally disabled by black lung disease, *1009 the claimant also establishes that his present condition is substantially worse than it was the first time he applied … , that should be enough to establish his entitlement”).

Tyree Neal, Jr. v. United States

Court of Appeals for the Seventh Circuit · Sep 5, 2025

The Sixth Amendment establishes the right to effective as- sistance of counsel. U.S. Const. amend. VI; Strickland v. Wash- ington, 466 U.S. 668, 686 (1984). … Even in De La Torre, we qualified our decision as “not solely dependent on the definition of methamphetamine and which of its isomers do or do not exist.” De La Torre, 940 F.3d at 952.

Alexander, Nathan D. v. Deangelo, Joseph

Court of Appeals for the Seventh Circuit · May 22, 2003

But we have yet to consider the defense of qualified immunity. Although the principle that battery under color of law is actionable under section 1983 is well established, Rogers v. … Wellham, supra, 104 F.3d at 628, a plaintiff does not defeat the immunity defense “simply by alleging violation of extremely abstract rights. . . .

Exelon Corp. v. Comm'r of Internal Revenue

906 F.3d 513 · Court of Appeals for the Seventh Circuit · Oct 3, 2018

The court rejected Exelon’s reliance on the properties’ residual values to establish genuine owner- ship. … Exelon next argues that the tax court clearly erred in its application of the reasonably likely standard.

52 Fair empl.prac.cas. 148, 52 Empl. Prac. Dec. P 39,620 Albert D. Chesser, Jr. v. State of Illinois, a State Within the United States of America Illinois State Police, an Agency of the State of Illinois Dwight E. Pittman, Superintendent of the Illinois State Police

895 F.2d 330 · Court of Appeals for the Seventh Circuit · Feb 6, 1990

It only establishes that Chesser had a less than stellar performance record as a probationary trooper. … But, then again, so did Deason. 9 And since Deason was retained as qualified despite this fact, the strong suggestion from the evidence is that Chesser should have been retained as well.