Case law

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.

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.

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. . . .

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”).

Wallace Davis v. Joseph Freels

583 F.2d 337 · Court of Appeals for the Seventh Circuit · Aug 25, 1978

FITZPATRICK: Your Honor, if it is a matter of geometry, and I think that is all it is, the degree of angle, I would think that a jury is qualified to know whether it is 45° or 90° or 30°. … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Jerome MacLin v. Dr. Freake

650 F.2d 885 · Court of Appeals for the Seventh Circuit · Jun 3, 1981

However, it is also well established that “to say that a district court may exercise discretion is not to say that such discretion is unreviewable. … The Second Circuit affirmed the denial because of the apparent availability to the defendant of the defenses of immunity, timeliness, and the regularity of the state’s confinement procedures.

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.

Branham, Gary L. v. Snow, John W.

Court of Appeals for the Seventh Circuit · Dec 17, 2004

We see no reason to revisit the established law of this circuit in this case. … On this record, the agency has not established otherwise.

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.

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.

Industrial Electron v. iPower Dist Group

Court of Appeals for the Seventh Circuit · May 31, 2000

Under these well established principles, Industrial Electronics cannot bring a suit to assert rights under the franchise agreement for injuries to the association or indirectly to the members as shareholders. … However, because we hold that Industrial Electronics may only assert claims under the association ag- reement or as a third-party beneficiary of the franchise agreement, the immunity conferred by the Wisconsin LLC does not

Wisconsin Central Ltd. v. United States

856 F.3d 490 · Court of Appeals for the Seventh Circuit · May 8, 2017

For one, as I alluded to above, “it is well established that RRTA and FICA are parallel statutes.” BNSF Ry. Co. v. United States, 775 F.3d 743, 754 (5th Cir. 2015). … However, “absent a clearly established congressional intention, repeals by implication are not favored.” Branch v.

Palmetto Properties v. County of DuPage

Court of Appeals for the Seventh Circuit · Jul 7, 2004

First, under the law as adopted in 1986, DuPage County required all adult businesses to locate in a zoning district designated “industrial” and banned such establish- ments from locating within 1000 feet of other adult busi … Although we have not gone so far as to hold that Buckhannon applies to all fee-shifting statutes, we have held that it is conclusively presumed to so apply absent a clearly contrary indication in the “text, structure, or

George Wolfe v. J.C. Penney Company, Inc.

710 F.2d 388 · Court of Appeals for the Seventh Circuit · Jun 22, 1983

For purposes of administering the LTD Plan, Penney established the defendant-appellant J.C. Penney Company, Inc., Voluntary Employee’s Beneficiary Association (“Association”). … Wolfe feels that George may qualify for some type of disability earnings.

Candida Mestayer and Brad Culp v. Wisconsin Physicians Service Insurance Corporation, and Milwaukee County

905 F.2d 1077 · Court of Appeals for the Seventh Circuit · Jun 22, 1990

Degler’s affidavit establishes that all of Mestayer’s claims were timely paid, and that the only amounts left unpaid were those for which Mestayer was responsible. . … Furthermore, seeking more than $12 million in damages for a case of this nature was clearly excessive. WPS requests further sanctions for Mes-tayer’s decision to file a frivolous appeal.

Memorial Hospital Of Carbondale v. Heckler

760 F.2d 771 · Court of Appeals for the Seventh Circuit · Jun 11, 1985

The offset requirement is held to apply on the theory that an account established with borrowed funds cannot qualify as funded depreciation under 42 C.F.R. Sec. 405.419(b)(2)(iii). … For cost reporting years beginning on or after December 1, 1982, section 226.5 provides that funds established with borrowed money will not qualify as funded depreciation, that interest on such borrowing is an allowable cost

Hoosier Penn Oil Company v. Ashland Oil Company

934 F.2d 882 · Court of Appeals for the Seventh Circuit · Jun 19, 1991

That agreement, among other things: divided the state into marketing areas; authorized the establishment of sales quotas; gave Master approval rights of any sales personnel Williams sought to employ; and established mandatory … That in itself is sufficient to affirm the district court, since Hoosier must prove *886 both clauses of the statutory definition to qualify as a “franchise.”

Jesse Webster v. United States

667 F.3d 826 · Court of Appeals for the Seventh Circuit · Dec 19, 2011

This factual finding is not clearly erroneous, and it resolves Webster’s appeal. … The judge found the evidence insuf- ficient to establish that improper deliberations had actually occurred.

United States v. Woods, Evan

Court of Appeals for the Seventh Circuit · Nov 28, 2000

Even assuming Woods’ recitation of events is accurate, he has still failed to establish the prejudice prong under Strickland. … /4 Woods does not dispute that he has two qualifying violent felonies: his Illinois convictions in 1981 (attempted armed robbery) and 1988 (rob- bery).

Zimmer Biomet Holdings, Inc. v. Mary Insall

108 F.4th 512 · Court of Appeals for the Seventh Circuit · Jul 12, 2024

We begin by emphasizing that the FAA and Supreme Court precedent establish that “arbitration awards are largely immune from … scrutiny in court.” Nano Gas Techs., Inc. v. … An arbitral award most clearly violates public policy when it creates an explicit conflict with statutory laws or well- established and easily discernible precedent. Titan Tire Corp. of Freeport v.