Case law

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  • 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 timesPublished
  • In 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 timesPublished
  • Chesser v. Illinois

    895 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 timesPublished
  • Joseph I. Swietlik, Personal Representative of the Estate of Helen v. Safran, Deceased v. United States

    779 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 timesPublished
  • United States v. Kinzer

    13 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 timesPublished
  • United 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 timesPublished
  • In 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 timesPublished
  • Ameritech Benefit Plan Committee v. Communication Workers of America, Annette Foster-Hall, and Bernadette Bernabei v. Ameritech Corporation

    220 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 timesPublished
  • Dvorak, 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 timesPublished
  • Parks v. Pavkovic

    753 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 timesPublished
  • Rathert v. Village of Peotone

    903 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 timesPublished
  • McDowell v. McCormick

    121 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 timesPublished
  • United 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 timesPublished
  • 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 timesPublished
  • Consolidated 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 timesPublished
  • In Re: Ual Corporation, Debtors. United Retired Pilots Benefit Protection Association v. United Airlines, Inc., Debtors-Appellees

    443 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 timesPublished
  • Lewis, 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 timesPublished
  • Alicia Royal v. Myikell Payne

    Court 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 timesUnpublished
  • United 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 timesPublished
  • Trustees 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

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