Case law

Ginocchio v. Kockos

18 F.2d 193 · Court of Appeals for the Seventh Circuit · Apr 2, 1927

“Qualified acceptance imposing new terms refused. If you do not accept tender without imposing conditions will take steps to enforce contract.” Defendants to plaintiffs: “Chicago, Ill., April 10, 1920. … One fact for plaintiffs to establish was that title had vested in defendants.

Srivenugopala Gattem v. Alberto R. Gonzales, 1

412 F.3d 758 · Court of Appeals for the Seventh Circuit · Jun 20, 2005

Illinois statute clearly satisfies [section 3509(a)(8)’s] definition as the respondent was convicted thereunder for persuading a minor to engage in sexual conduct. … That the age of consent in Illinois is 17, as our colleague points out, see post at 762, may explain why the parties and the IJ went beyond the language of the criminal complaint to establish that the victim was under 17.

United States v. Olufunke Yusuff, Also Known as Stella Johnson

96 F.3d 982 · Court of Appeals for the Seventh Circuit · Sep 23, 1996

, and where), the ultimate determination of whether there was “custodial interrogation” requiring Miranda warnings is a mixed question of law and fact “qualifying for independent review.” … Thus, the court determined that Yusuff had committed perjury at the suppression hearing, attempting to establish that the officers had violated the Fourth Amendment.

Milo John Munson v. Wendell R. Friske, John Rybak, Jr., Kenneth Todd, and Ashland County

754 F.2d 683 · Court of Appeals for the Seventh Circuit · Jan 29, 1985

The Court noted that property interests are not established by the Constitution, but rather by an independent source such as a state law securing certain benefits, id., or a clearly implied promise of continued employment … However, the Court warned that mere proof that the individual is “somewhat less attractive to some other employers” would not establish the requisite foreclosure of opportunities.

Rtc Commercial Assets Trust 1995-Np3-1, a Delaware Business Trust v. Phoenix Bond & Indemnity Co.

169 F.3d 448 · Court of Appeals for the Seventh Circuit · Feb 17, 1999

The abstention doctrine established in Younger v. … Loftsgaarden, 478 U.S. 647, 661 , 106 S.Ct. 3143 , 92 L.Ed.2d 525 (1986), and our holding in Dame establishes that congressional intent to override the TIA in particular must be clearly expressed.

United States v. Rene Jaimes-Jaimes

406 F.3d 845 · Court of Appeals for the Seventh Circuit · May 4, 2005

. § 941.20 (2)(a), an offense he concedes qualifies as an aggravated felony, see 8 U.S.C. § 1101 (a)(43)(F). … (finding argument waived because failure to raise it in district court “was clearly a strategic decision rather than a mere oversight”); United States v.

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.

Holman, Steven L. v. State of Indiana

Court of Appeals for the Seventh Circuit · May 1, 2000

Here, the Holmans did not attempt to plead in the alternative; they clearly pleaded in tandem. … Ct. 631, 639, 650 (2000) (holding that the ADEA did not validly abrogate states’ Eleventh Amendment immunity). See Varner v.

Roe-Midgett v. CC Services, Inc.

512 F.3d 865 · Court of Appeals for the Seventh Circuit · Jan 4, 2008

These duties directly relate to CCS’s business operations and reflect a sufficient degree of discretion and independent judgment to qualify for the FLSA’s administrative, exemption. … That choice need not be final or otherwise immune from review; an exercise of discretion or independent judgment may “consist of recommendations for action rather than the actual taking of action.” Id. § 541.207(e).

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.

Phillip Littler v. Amber Wallace

Court of Appeals for the Seventh Circuit · Mar 5, 2020

did not violate any clearly established constitutional right. … But qualified immunity shields prison officials from liability when their conduct does not violate clearly established rights. See Pearson v. Callahan, 555 U.S. 223, 231 (2009); Van den Bosch v.

United States v. Schnell

353 F. App'x 12 · Court of Appeals for the Seventh Circuit · Nov 12, 2009

Accordingly, the court reasoned, Indiana law did not speak to Schnell’s contention that he did not have a qualifying conviction. … In addition, Schnell has neither sought nor received the restoration of his civil rights through the procedure established in 18 U.S.C. § 925 (c).

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.

Benrose Fabrics Corp. v. Rosenstein

183 F.2d 355 · Court of Appeals for the Seventh Circuit · Jul 10, 1950

We can conceive of no right upon our part to set them aside, for we cannot say, as a matter of law, that they are clearly erroneous. … findings rest upon documents, depositions or upon mere comparison of names, if credibility of witnesses is not involved, or if the trial tribunal has no opportunity to observe the witnesses, a court of review is as well qualified

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

Winston v. Boatwright

649 F.3d 618 · Court of Appeals for the Seventh Circuit · Aug 19, 2011

We may grant relief to Winston “only if the state court’s decision was contrary to or an unreasonable application of clearly established Supreme Court precedent.” Kerr v. … Ordinarily we would need to move on to the question whether the Supreme Court of the United States had clearly established this proposition by the time the state courts acted.

Frank Burks v. Union Pacific Railroad Compan

793 F.3d 694 · Court of Appeals for the Seventh Circuit · Jul 13, 2015

They must first establish a prima facie case of discrimination. … The “pool” language clearly refers to the internal method, as the external method required applicants to apply to each open job individually. Based on this record evidence, Burks’s oral inquiry was not enough.

United States of America, Cross-Appellee v. Bill Gene Bean

18 F.3d 1367 · Court of Appeals for the Seventh Circuit · Mar 9, 1994

But Bean, who put the banks at substantial risk, does not qualify. … Such events permit a two-level reduction under § 3E1.1, but a departure under § 5K2.0 is clearly erroneous.

Industrial Holographics, Inc. v. Donovan

722 F.2d 1362 · Court of Appeals for the Seventh Circuit · Dec 20, 1983

The Secretary of Labor has promulgated regulations which establish standards and procedures for the certification of alien workers under section 212(a)(14). See 20 C.F.R. Secs. 656.20 et seq. (1983). … The Secretary clearly has authority to issue clarifying regulations, and, as applied in this case, the regulations are not inconsistent with the statute. 18 Ozbirman provides appellants more direct support.

Kenneth Fuja, as Personal Representative of the Estate of Grace R. Fuja, Deceased v. Benefit Trust Life Insurance Company

18 F.3d 1405 · Court of Appeals for the Seventh Circuit · Apr 18, 1994

of establishing that the treatment is medically necessary under all five criteria. … While such a committee would in no way be a panacea for our skyrocketing health care costs, it may help to reduce the incidence of suits in which one “expert” testifies that a procedure is experimental and another equally qualified