Case law

Pamela Hanson v. Caterpillar, Incor

688 F.3d 816 · Court of Appeals for the Seventh Circuit · Aug 3, 2012

We must affirm a grant of summary judgment if Hanson cannot establish an element of her ADA claim on which she would bear the burden of proof at trial. Harney v. … Caterpillar’s willing- ness to place Hanson in other jobs within her medical restrictions clearly belies the claim that the company subjectively regarded her as unable to perform a broad class of jobs.

Regina SHEEHAN, Plaintiff-Appellee, v. DONLEN CORPORATION, Defendant-Appellant

173 F.3d 1039 · Court of Appeals for the Seventh Circuit · Mar 18, 1999

Venters, 123 F.3d at 973 (“But the evidence need not be this obvious to qualify as direct evidence.”). … She was an undisputedly qualified employee with a long and hitherto substantially unbroken work history. Evidence was given that comparable jobs were available.

Equal Employment Opportunity Commission v. Chicago Miniature Lamp Works

947 F.2d 292 · Court of Appeals for the Seventh Circuit · Dec 23, 1991

“The proper comparison is between the racial composition of the at-issue jobs and the racial composition of the qualified population in the relevant labor market.” … However, for the purposes of disparate impact, a more affirmative act by the employer must be shown in order to establish causation.

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

Mohsin Siddiqui v. Eric Holder, Jr.

670 F.3d 736 · Court of Appeals for the Seventh Circuit · Jan 12, 2012

Siddiqui was then convicted of a crime in 1991 that did not qualify as a deportable offense under then-existing laws. … In Batanic, our first inquiry was to discern whether Congress had clearly spoken. See id. at 665.

Sandor Demkovich v. St. Andrew the Apostle Parish

973 F.3d 718 · Court of Appeals for the Seventh Circuit · Aug 31, 2020

The First Amend- ment does not require complete immunity from the some- times horrific abuse that defendants’ bright-line rule would protect. … The ministe- rial exception does not confer general immunity from a min- ister’s tort claims or from criminal laws.

Clay v. Fort Wayne Community Schools

76 F.3d 873 · Court of Appeals for the Seventh Circuit · Feb 16, 1996

Therefore, the adult plaintiffs in their individual capacities are not qualified to bring an appeal on behalf of the student class. … Appellants' inability to establish standing rests squarely on one false proposition alleged by Appellants: the plaintiffs "have a Constitutional right to have a Black person considered for the Office of Superintendent of

Joseph Young v. James Rabideau and Stephen Washington

821 F.2d 373 · Court of Appeals for the Seventh Circuit · Jun 1, 1987

under the eighth amendment and would have helped to negate Rabideau’s claim of immunity, a defense available to him as a state prison official under § 1983. … Such evidence is clearly relevant to contradict Young’s defense of lack of intent. See United States v. Brunson, 657 F.2d at 115 .

Crowley, Daniel v. McKinney, Donald

Court of Appeals for the Seventh Circuit · Mar 11, 2005

As should be apparent from our discussion, the existence of the right that Crowley asserts is not established law, and McKinney is therefore immune from having to pay damages for violating that right. … I would therefore find that Crowley has stated a claim, and that Principal McKinney is not entitled to qualified immu- nity.

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

United States of America v. City of Chicago

549 F.2d 415 · Court of Appeals for the Seventh Circuit · Jan 11, 1977

Job-relatedness can only be determined where the criteria for selection are clearly identified. … “Qualified” in this context seems to refer to candidates who have been listed on an eligibility roster pursuant to Illinois law.

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.

United States v. Jessica Arong O'Brien

953 F.3d 449 · Court of Appeals for the Seventh Circuit · Mar 13, 2020

The indictment plainly alleged that the scheme to defraud affected Citibank, which O’Brien does not dispute qualified as a financial institution. … Reyn- olds, 189 F.3d 521, 525–26 (7th Cir. 1999) (affirming conviction and finding sufficient evidence of materiality “[b]ecause [de- fendant]’s false statements regarding his financial condition could clearly influence a

Wilson v. Weaver

499 F.2d 155 · Court of Appeals for the Seventh Circuit · May 9, 1974

Smith establishes that, at least in the absence of congressional authorization for the exclusion clearly evidenced from the Social Security Act or its legislative history, a state. eligibility standard that excludes persons … Since 1941 HEW and its predecessors have consistently interpreted the Act so as to provide benefits to unborn children who in all other aspects save birth qualify as needy dependent children.

United States v. Luis Montes

381 F.3d 631 · Court of Appeals for the Seventh Circuit · Aug 24, 2004

In sum, the district court did not clearly err in finding that Mr. … Alvarado, 326 F.3d 857, 862 (7th Cir.2003) (noting that "it is well established that the district court’s choice of whom to believe is almost never vulnerable to a finding of clear error”); United States v.

Salvatore Arcidiacono v. Elizabeth Whitehorn

Court of Appeals for the Seventh Circuit · Jun 8, 2026

Three of the four plaintiffs had al- ready qualified for Illinois’s Medicaid program—and more specifically, for long-term care benefits. The fourth qualified not long after her admission. See ILL. ADMIN. … We confess that Banks could have more clearly articulated the distinction between forward-looking and backward- looking remedies.

Shanahan v. City of Chicago

82 F.3d 776 · Court of Appeals for the Seventh Circuit · May 6, 1996

He asserts that the judge gave improper and erroneous weight to testimony that the rejected applicants were “qualified” for the subject positions. … The court clearly did not abuse its discretion. First, the form of the request — a passing reference in a footnote of his response to defendants’ motion for summary judgment— was improper.

The United States of America v. Claude Mark Lightfoot

228 F.2d 861 · Court of Appeals for the Seventh Circuit · Mar 26, 1956

It seems clear that he was qualified as an expert witness on the subject about which he testified. In any event, whether the witness was qualified as an expert was a matter confined to the discretion of the trial judge. … Had the defendant confined his advocacy and teaching for a change in our form of government within the limits of constitutional processes, he would clearly have been protected by the First Amendment.

American Photographic Pub. Co. v. Ziff-Davis Pub. Co.

135 F.2d 569 · Court of Appeals for the Seventh Circuit · May 7, 1943

Room, established 1898 The American Photographer., Established 1879 Photographic Topics, Established 1902 The American Journal op Photography, Est. 1879 The Amateur Photographer’s The Photo Beacon, Established 1888 Weekly … , Est. 1912 American Amateur Photographer, Established 1889 Popular Photography, Established 1912 Camera Notes, Established 1897 Photo Craft, Established 1897 Plaintiff contends that by keeping Popular Photography on its

Konczak v. Tyrrell

603 F.2d 13 · Court of Appeals for the Seventh Circuit · Jul 12, 1979

established constitutional rights that his action cannot be reasonably characterized as being in good faith.” … Disposing of the remaining arguments, we note that the Congress plainly provided in the language of Section 1988 and this court clearly stated in Dawson v.