Case law

Moore, Gregory W. v. J.B. Hunt Transport

Court of Appeals for the Seventh Circuit · Jul 19, 2000

To establish disability discrimination, Mr. … Because rheumatoid arthritis is a physiological condition that affects the musculoskeletal system, it clearly qualifies as an impairment. /4 Mr.

United States v. DiSantis

565 F.3d 354 · Court of Appeals for the Seventh Circuit · May 4, 2009

“To establish entitlement to a missing witness instruction, a defendant must prove two things: first, that the absent witness was peculiarly within the government’s power to produce; and second, that the testimony would have … : Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities

Jeff Fort v. Richard J. Daley, Charles Edward Bey v. Richard J. Daley

431 F.2d 1128 · Court of Appeals for the Seventh Circuit · Aug 7, 1970

Although the rule established by the Supreme Court is often difficult to apply, see generally D. … held that a single judge may dismiss a complaint requesting a three-judge court only if the federal constitutional question is “insubstantial,” either because it is “obviously without merit,” or because “its unsoundness so clearly

United States v. Damon Pippen, Kenya Lark, and Thomas Jones

115 F.3d 422 · Court of Appeals for the Seventh Circuit · May 20, 1997

sentencing hearing: Based on everything that’s in front of me, the evidence that I heard, the Lark trial, the documents that were presented, the Defendant’s own statement, that there is no doubt in my mind that [Pippen] does qualify … While this may have been hearsay, it is well established that the ordinary rules of evidence do not apply in sentencing proceedings, see United States v.

In Re Burlington Northern, Inc. Employment Practices Litigation. Appeal of Paul C. Sprenger, Lead Counsel-Appellants. Appeal of William E. McBride Appeal of American Train Dispatchers Association, Afl-Cio, Defendants

810 F.2d 601 · Court of Appeals for the Seventh Circuit · Feb 23, 1987

Immunity from liability. The unions argue that under the rule of Northwest Airlines v. … We therefore cannot find the unions immune from liability for a portion of the prevailing party's attorneys fees. 36 B. The Rule 59(e) motion.

Mei Dan Liu v. John D. Ashcroft, Attorney General of the United States

380 F.3d 307 · Court of Appeals for the Seventh Circuit · Aug 17, 2004

Background The BIA found that even if it accepted Mei Dan’s testimony as true, she failed to establish her eligibility for asylum. … The Guidelines for Children’s Asylum Claims advises that “harm a child fears or has suffered ... may be relatively less than that of an adult and still qualify as persecution.”

Cisneros v. Lynch

834 F.3d 857 · Court of Appeals for the Seventh Circuit · Aug 25, 2016

This is a regulation formally promulgated through statutory authority, and so it qualifies for Chevron deference. … See Taylor v. *865 United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990) (establishing a categorical approach to classify state crimes); Shepard v.

Production Tool Corp. v. Employment & Training Administration

688 F.2d 1161 · Court of Appeals for the Seventh Circuit · Sep 20, 1982

The provision at issue requires documentation which “clearly shows” that: (9)(i) The employer has advertised and is still advertising the job opportunity without success in such media as newspapers of general circulation, … In particular, the Secretary has found it a difficult task to establish that an available worker is “willing.” See, e.g., Ratnayake v. Mack, 499 F.2d 1207, 1213 (8th Cir. 1974).

Lennie Crosby, Individually and on Behalf of All Others Similarly Situated v. William Bowling and Arthur F. Quern

683 F.2d 1068 · Court of Appeals for the Seventh Circuit · Jul 20, 1982

The district judge found that no fees could be taxed against the federal defendants because of sovereign immunity, 28 U.S.C. § 2412 (1976); Adams v. Carlson, 521 F.2d 168, 169-71 (7th Cir. 1975). … Although McLean clearly was not binding on the Illinois state officials, it did provide some clarification of the law.

Carolyn Gaddy v. Abex Corporation and Miguel Solis

884 F.2d 312 · Court of Appeals for the Seventh Circuit · Oct 16, 1989

In light of this evidence Judge Marshall’s assessment of her qualifications was not clearly erroneous. B. … Gaddy testified and introduced evidence to establish her hourly rate and the number of regular and overtime hours she worked while employed at Abex.

Sakajust Scott v. Randall Hepp

Court of Appeals for the Seventh Circuit · Mar 10, 2023

Standard of Review Under AEDPA, habeas relief is only warranted if the state court’s decision “was contrary to, or involved an unreasona- ble application of, clearly established Federal law, as deter- mined by the Supreme … That alone forestalls habeas relief, as there was no clearly established federal law for the Wisconsin court to contradict or unreasonably apply. See Harrington v.

International College Of Surgeons v. City Of Chicago

91 F.3d 981 · Court of Appeals for the Seventh Circuit · Aug 1, 1996

the case is "doubly barred," the First Circuit explained, because of the explicit statutory bar of 28 U.S.C. § 1445 (c) and because the "supplementary superior court proceeding" to enforce the Commission's award does not qualify … Louisiana, 134 U.S. 1, 15 , 10 S.Ct. 504, 507 , 33 L.Ed. 842 (1890), along with other claims that were clearly subject to removal pursuant to 28 U.S.C. § 1441 (a).

National Labor Relations Board v. Duncan Foundry and MacHine Works, Inc.

435 F.2d 612 · Court of Appeals for the Seventh Circuit · Dec 1, 1970

In that case the vacation plan operative at the time of the alleged discriminations explicitly required presence on the payroll as of a certain date in order for an employee to qualify for vacation benefits. … Clearly, the letter carries no unequivocal denial of vacation benefits, and, indeed, indicates that the strikers may receive vacation pay after a study.

United States v. Rafael Lozano

511 F.2d 1 · Court of Appeals for the Seventh Circuit · Apr 7, 1975

Although it was clearly false to say that the parties had resided together at Lozano’s address since the date of the marriage, the indictment did not make that charge. … He first asserts that the interpreters who translated Pantoja’s testimony were not properly qualified; were biased in that they were employed by the Immigration and Naturalization Service; and mistranslated an important phrase

Gregorio F. Vargas v. Ronald B. Swan

854 F.2d 1028 · Court of Appeals for the Seventh Circuit · Nov 4, 1988

The nature of the release, that it is conditional and revocable if the terms of the parole are violated, makes it sufficiently confining to qualify as custody. See Justices of Boston Mun. Court v. … Vargas clearly argues that the record on the issue is incomplete, and if it is later documented that he is longer on parole, the nature of the immigration proceedings may change from that of exclusion to that of deportation

U.S. Equal Employment Opportunity Commission v. Target Corporation

460 F.3d 946 · Court of Appeals for the Seventh Circuit · Aug 23, 2006

Nothing in Target’s new record-keeping policy clearly prevents bad faith destruction of resumes or other employment application documents. … On these facts, a prima facie case of disparate treatment is established when the plaintiff shows the following: 1) the applicant belongs to a racial minority; 2) the applicant applied for and was qualified for a job for

Narvaez v. United States

641 F.3d 877 · Court of Appeals for the Seventh Circuit · Jun 3, 2011

It is well-established, however, that the Due Process Clause applies to certain aspects of the sentencing process. See Hicks v. … Narvaez did not qualify as a career offender under the guidelines.

Harry D. Weeks v. Samsung Heavy Industries Company, Limited, Samsung America, Incorporated, an Illinois Corporation, Samsung Shipbuilding & Heavy Industries Company, Limited, Harry D. Weeks v. Samsung Heavy Industries Company, Limited, Formerly Known as Samsung Shipbuilding and Heavy Industries Company, Limited, a Republic of Korea Corporation, Samsung America, Incorporated, and Samsung Construction Equipment Company, a Division of Samsung America, Incorporated

126 F.3d 926 · Court of Appeals for the Seventh Circuit · Sep 26, 1997

The charge also centered on Weeks' allegations that he had been replaced by a younger, less-qualified Korean employee, Sung Ho Lee ("S.H.Lee"), and that S.H. … They cannot qualify as fraudulent misrepresentations, and for that reason, as well, Weeks has failed to set forth a genuine issue of material fact as to these allegations. B.

Haywood v. United States

268 F. 795 · Court of Appeals for the Seventh Circuit · Oct 5, 1920

Inasmuch as the documents in question were the tools by means of which the defendants were committing the felonies, there was no immunity in the nature of the property. … Otherwise they would be granted immunity by reason of their refusal to incorporate.

Indiana Right to Life Victory Fund v. Diego Morales

66 F.4th 625 · Court of Appeals for the Seventh Circuit · Apr 26, 2023

These contributions, in turn, must abide by the annual limits established in section 4. See § 3-9-2-5(a), (c)(1). … Yousuf, 560 U.S. 305, 317 (2010) (sovereign immunity context); Toibb v. Radloff, 501 U.S. 157, 161 (1991) (bankruptcy context).