Case law
Opinions from 1658 to today.
9,632 results
2.04s
United States v. Alvin Wilkinson
Court of Appeals for the Seventh Circuit · Jan 25, 2021
Wilkinson objected to this enhancement, arguing that he did not qualify as a commodity pool operator. … These actions clearly constitute a “scheme” or “practice” to defraud clients or prospective cli- ents under § 6o(1).
Cited 0 timesPublishedIn the Matter of Innovative Construction Systems, Inc., Debtor-Appellant
793 F.2d 875 · Court of Appeals for the Seventh Circuit · Jul 9, 1986
The district judge stated, “[hjindsight clearly shows [Bodilly’s] conclusion to be virtually without foundation.” We wholly concur. … Allphin, 786 F.2d 268 (7th Cir.1986) (defense of qualified immunity).
Cited 63 timesPublished895 F.2d 330 · Court of Appeals for the Seventh Circuit · Feb 6, 1990
The defendants’ last challenge also fails to establish error. … 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 Ches-ser should have been retained as well.
Cited 11 timesPublished779 F.2d 1306 · Court of Appeals for the Seventh Circuit · Dec 26, 1985
Other states that, like Wisconsin, impose on estate fiduciaries the duty to defend a will contest nevertheless qualify it “in those instances in which the executor knows of reasonable grounds to believe that the will may … If the line seems artificial — if the principles that delimit it seem merely the archaic remnants of the much criticized doctrine of sovereign immunity — nevertheless it is too well established for us to shift it in Swietlik
Cited 20 timesPublished13 F. App'x 399 · Court of Appeals for the Seventh Circuit · Jun 27, 2001
Under U.S.S.G. § 3B1.2(b), a defendant qualifies for a 2-level decrease in his offense level if he was a “minor participant” in the criminal activity. … A review of the evidence as summarized in Kinzer’s plea agreement and PSR shows that the district court did not clearly err in denying Kinzer’s request for a minor role adjustment.
Cited 4 timesPublishedUnited States v. Donald Sauerwein
5 F.3d 275 · Court of Appeals for the Seventh Circuit · Sep 22, 1993
The district court’s finding that Sauerwein evidenced an intent to carry out his threat was not clearly erroneous. III. … The district court’s finding that Sauerwein qualified for the enhancement was not clearly erroneous. Sauerwein’s sentence is affirmed. 1 .
Cited 14 timesPublishedIn Re Hewlett E. Morris, Jr., A/K/A H. Edward Morris, Debtor-Appellee
223 F.3d 548 · Court of Appeals for the Seventh Circuit · Aug 11, 2000
The district court held that the bankruptcy court correctly found that Morris’s debt to Shaw Steel did not qualify for an exemption from discharge on the ground that Shaw Steel did not reasonably rely on the representations … Although Shaw Steel acknowledges its burden to establish that it reasonably relied on Morris’s statements, it contends that the bankruptcy court applied too strict' a standard of reasonableness.
Cited 95 timesPublished220 F.3d 814 · Court of Appeals for the Seventh Circuit · Jul 13, 2000
(We note, however, that the Commission is not immune from a transfer of venue under 28 U.S.C. § 1404 (a), and so this right is not unqualified.) … If the plan itself provides for discriminatory practices, such that they do not qualify for benefits under its terms, they cannot prevail on an ERISA claim.
Cited 63 timesPublishedDvorak, Kevin v. Mostardi Platt Assoc
Court of Appeals for the Seventh Circuit · May 10, 2002
To establish a prima facie case of discrimination, a plaintiff must show that (1) she is disabled within the meaning of the ADA, (2) she is qualified to perform the essential functions of her job either with or without reasonable … "The word ’substantial’ thus clearly precludes impairments that interfere in only a minor way with the performance of manual tasks from qualifying as disabilities." Id.
Cited 0 timesPublished753 F.2d 1397 · Court of Appeals for the Seventh Circuit · Feb 5, 1985
This is clearly wrong. … All Handicapped Children Act may be thought to have abrogated that immunity explicitly.
Cited 96 timesPublished903 F.2d 510 · Court of Appeals for the Seventh Circuit · Jun 1, 1990
The Court held that the hair length regulation clearly survived the plaintiff’s constitutional challenge. … The district court, by disposing of the complaint on its merits by summary judgment, did not reach the issue of the qualified immunity of the defendants. . The police officer in Etscheid v.
Cited 10 timesPublished121 F. 61 · Court of Appeals for the Seventh Circuit · Oct 7, 1902
the restraining order was continued in force — the defendant appearing to object to such order — and at the same time, in the same order, the court appointed one Nichols receiver of the corporation, the receiver promptly qualifying … The question of jurisdiction was clearly open to inquiry in the litigation of title thereunder (Cooper v. Newell, 173 U. S. 555, 567 , 19 Sup. Ct. 506, 43 L.
Cited 6 timesPublishedUnited States v. Reynold De La Torre
940 F.3d 938 · Court of Appeals for the Seventh Circuit · Oct 10, 2019
An error such as the one we have here “establishes a reasonable probability that a defendant will serve a prison sentence that is more than ‘necessary’ to fulfill the purposes of incarceration.” Rosales‐Mireles v. … Rush’s guilty plea Having found that Rush’s 2001 Indiana conviction does not qualify as a predicate felony drug offense, this error clearly affected Rush’s substantial rights.
Cited 76 timesPublishedUnited States v. Alvin Wilkinson
Court of Appeals for the Seventh Circuit · Jan 25, 2021
Wilkinson objected to this enhancement, arguing that he did not qualify as a commodity pool operator. … These actions clearly constitute a “scheme” or “practice” to defraud clients or prospective cli- ents under § 6o(1).
Cited 0 timesPublishedConsolidated Ry. Electric Lighting & Equipment Co. v. Adams & Westlake Co.
161 F. 343 · Court of Appeals for the Seventh Circuit · Jan 7, 1908
Another car, then in the shops, was equipped with like device, and completed February 8, 1902; and drawings then made of the device are in evidence and clearly established. … Justice Bradley states the rule in like case, in qualified form, as requiring “the plaintiffs, in rebuttal, to show, if not with equal certainty, yet to the satisfaction of the court, that the invention” claimed in the patent
Cited 5 timesPublished443 F.3d 565 · Court of Appeals for the Seventh Circuit · Mar 31, 2006
The *568 plans provided both tax-qualified and non-tax-qualified pension benefits; the distinctions relevant to this case are that the latter are not insured by the Pension Benefit Guaranty Corporation or protected by the … bankruptcy judge after negotiations looking to mutually satisfactory modifications of the agreement, 11 U.S.C. § 1113 (b)(2), and only if (the negotiations failing) the judge determines that “the balance of the equities clearly
Cited 10 timesPublishedLewis, Donna L. v. Chicago Police Dept
Court of Appeals for the Seventh Circuit · Jul 26, 2007
Qualifying officers would need to be on either furlough or regular days off to qualify. No. 06-2302 3 ! … Lewis qualified for the IMF Detail and wanted to attend.
Cited 0 timesPublishedCourt of Appeals for the Seventh Circuit · Sep 2, 2022
Nevertheless, the court concluded that the defendants were entitled to qualified immunity because, even accepting Royal’s facts as true, the rights she sought to vindicate were not clearly established by precedent. … When qualified immunity—as here—is raised as a defense, the burden shifts to the plaintiff to show that there was a violation of a “clearly established” right. Humphries v.
Cited 0 timesUnpublishedUnited States v. Jamal A. Sheikh and Raed Alsheikh
367 F.3d 683 · Court of Appeals for the Seventh Circuit · May 6, 2004
On these facts, we cannot say that it was clearly erroneous for the district court to deem Jamal a supervisor. 2. … Jamal argues that because the government did not establish that at least five participants were involved, the scheme cannot qualify as “otherwise extensive.”
Cited 22 timesPublishedTrustees of the Aftra Health Fund v. Biondi
303 F.3d 765 · Court of Appeals for the Seventh Circuit · Sep 6, 2002
The Plan is established and maintained accord- ing to the Agreement and Declaration of Trust of the AFTRA Health and Retirement Funds (“Trust Agreement”). … ERISA established a comprehensive federal statutory program intended to control abuses associated with pension benefit plans . . . .
Cited 58 timesPublished
Ask Donna