Case law

Sussman v. Jenkins

642 F.3d 532 · Court of Appeals for the Seventh Circuit · Apr 28, 2011

Sussman had failed to establish substandard performance. Clearly, however, the state court cannot both assume deficient performance and hold that counsel’s performance was not deficient. … established law in light of Strickland and was contrary to Arizona v.

Lasalle Bank Lake View, an Illinois Banking Corporation v. Rafael Seguban and Ellen Seguban

54 F.3d 387 · Court of Appeals for the Seventh Circuit · Jun 7, 1995

If required to answer, the individual “must be offered “whatever immunity is required to supplant the privilege’ and may not be required to ‘waive such immunity.’ ” Id. … This particular inference seems to us clearly permissible under Baxter; 7 and the fact that the admission is achieved automatically through operation of a rule rather than subjectively by a finder of fact does not, in our

United States v. Mansa Baptist

759 F.3d 690 · Court of Appeals for the Seventh Circuit · Jul 17, 2014

Matter of Yanez-Garcia, 23 I&N Dec. 390, 398 (BIA 2002) (holding that felony posses- sion qualifies as an aggravated felony); Fernandez v. … But the stipulated removal order clearly outlined Baptist’s right to appeal.

Spencer Riley v. Victor Calloway

882 F.3d 738 · Court of Appeals for the Seventh Circuit · Feb 20, 2018

Riley had pursued, but lost, that same argu- ment on direct appeal, and the district court denied relief on the ground that the appellate court did not unreasonably ap- ply clearly established federal law in rejecting his … To succeed under § 2254, Riley must establish that the ap- pellate court’s decision “was contrary to, or involved an un- reasonable application of, clearly established Federal law, as determined by the Supreme Court” or “

Holman, Roger D. v. RRRB

Court of Appeals for the Seventh Circuit · Jun 13, 2001

On appeal for the third time, Holman argued that it is unconstitutional to require a widower, but not a widow, to establish dependency. … In our case, although the dependency requirement endures to this day; it is clearly running out of gas.

United States v. Davies

152 F.2d 313 · Court of Appeals for the Seventh Circuit · Dec 20, 1945

The trial court in its opinion referred to the long-established policy of the state of Wisconsin requiring certain contracts to be recorded. … It clearly is inadequate to waive federal immunity, even if we assume a contracting officer had power to do so. * * * ” In an earlier case, the Supreme Court of Virginia, following the United States Supreme Court opinions

United States v. John F. Reynolds

821 F.2d 427 · Court of Appeals for the Seventh Circuit · Aug 5, 1987

He planned to establish how the investigation developed and why the government witnesses would testify as anticipated. … The defendant has not shown that the trial court clearly abused his discretion, United States v.

United States v. Washington

70 F. App'x 897 · Court of Appeals for the Seventh Circuit · Jul 30, 2003

As a result, the court determined that the evidence clearly established Washington’s participation in the purchase and distribution of well over a marijuana equivalent of 30,000 kilograms-the minimum necessary for an offense … Thus, the district court’s credibility determinations were not clearly erroneous.

Susan Kuttner v. John Zaruba

819 F.3d 970 · Court of Appeals for the Seventh Circuit · Apr 14, 2016

We don’t see how; she never applied for a promotion, nor did she allege that a less qualified male officer was promoted over her during the 300-day limitations period preceding her complaint. … Rather than contesting this line of reasoning directly, Kuttner shifts gears and argues that she “may establish a prima facie case using statistical evidence instead of comparative evidence pertaining to each class member

State of Illinois v. Sullivan

919 F.2d 428 · Court of Appeals for the Seventh Circuit · Nov 27, 1990

Although Congress clearly limited the availability of FFP for services provided in prisons, see Pub.L. … The record quite clearly establishes that the JRCs fall in a gray area that cannot be characterized as a prison or as a community-based institution providing social services.

United States v. Jones, Shawn W.

Court of Appeals for the Seventh Circuit · Jan 28, 2002

On December 1, 1999, the government filed a motion to request a grant of immunity for Jones and for an order compelling him to testify at Scott’s trial. … On April 3, 2000, the government filed a motion to obtain a grant of immunity for Jones and for an order compelling him to testify at Scott’s second trial.

Catherine Erdman v. City of Madison

91 F.4th 465 · Court of Appeals for the Seventh Circuit · Jan 22, 2024

The district court did not clearly err in the inferences it made based on the record at trial. … Allen established what amounts to a minimum- competency test.

Linda Reed v. Columbia St. Mary's Hospital

Court of Appeals for the Seventh Circuit · Feb 8, 2019

Toledo,  446  U.S.  635,  640–41  (1980)  (qualified  immunity  is  affirmative defense under 42 U.S.C. § 1983; relevant facts are  peculiarly  within  knowledge  and  control  of  defendant);  Wright  &  Miller,  Federal  … Four elements  must be satisfied to establish a violation of Section 504: (1) the  plaintiff must be a handicapped individual as defined by the  Act; (2) the plaintiff must be “otherwise qualified” for partic‐ ipation in the

United States v. James P. Walton

255 F.3d 437 · Court of Appeals for the Seventh Circuit · Jun 28, 2001

When the district court asked, “[cjounsel, is the sole issue here whether or not you have to have more than one [qualifying image]? … In so holding, the Court relied on prior precedent which established that common law offenses against the state, the person, property, or public morals “presume a scienter requirement in the absence of express contrary [Congressional

Harper & Row Publishers, Inc. v. Honorable Bernard M. Decker, United States District Judge

423 F.2d 487 · Court of Appeals for the Seventh Circuit · May 4, 1970

In any event we do not find the existence of personal attorney-client relationships so clearly established that mandamus is appropriate to compel the district court to recognize the privilege which would arise therefrom. … Indeed, the qualified privilege might even attach to a document prepared under the supervision of the attorney even though not drafted by the attorney himself. Alltmont v.

United States v. Allen M. Dorfman, (Two Cases). Appeal of David Dorfman Appeal of William E. Webbe. United States of America v. Allen M. Dorfman

690 F.2d 1217 · Court of Appeals for the Seventh Circuit · Sep 2, 1982

Webbe has been subpoenaed as a trial witness and presumably will testify at that time pursuant to a grant of immunity. … A long line of cases clearly establishes that a defendant may not take an interlocutory appeal from an order denying a motion to suppress evidence. E.g., Di Bella v.

Lanlan Li v. Fresenius Kabi USA, LLC

110 F.4th 988 · Court of Appeals for the Seventh Circuit · Aug 5, 2024

The first prong is clearly met, as filing charges of discrimination qualifies as a protected activity. Smith v. Lafayette Bank & Trust Co., 674 F.3d 655, 658 (7th Cir. 2012). … Li falters at the third, though, because she failed to establish any causal nexus between the filing of the charge and her termination.

United States v. Stanley Sowa, Jr., Also Known as Alfred Junior, II

34 F.3d 447 · Court of Appeals for the Seventh Circuit · Aug 30, 1994

Because of the limited information available to investigators, the government agreed to immunize Sealfaro. Sealfaro testified before the federal grand jury. … The record clearly supports the district court’s findings. The government easily made its prima facie case that the peremptory challenges were motivated by race; each and every black venireperson was challenged.

Board of Trade of City of Chicago v. Wallace

67 F.2d 402 · Court of Appeals for the Seventh Circuit · Oct 31, 1933

nonstockholders to an amount greater in value than such as are handled by it for stockholders; and they specify that dividends on its stock shall not exceed 8 per cent, of its par value, and that net profits beyond dividends or for establishing … The Capper-Volstead Act, which authorized eo-operative associations, was to that extent in derogation of the anti-trust laws; and it was clearly the intent of Congress, in adopting the act, to guard against creation thereunder

Dr. Grace Farrell v. Butler University

421 F.3d 609 · Court of Appeals for the Seventh Circuit · Sep 1, 2005

competing qualifications does not constitute evidence of pretext ‘unless those differences are so favorable to the plaintiff that there can be no dispute among reasonable persons of impartial judgment that the plaintiff was clearly … better qualified for the position at issue.’ ” Although Dr.