Case law

Sow v. Fortville Police Department

636 F.3d 293 · Court of Appeals for the Seventh Circuit · Feb 11, 2011

Because of these conclusions, the district court did not reach the issue of qualified immunity. … Accordingly, the facts here are clearly distinguishable from Baird and Clash. The right to make an arrest necessarily carries with it the right to some degree of physical coercion to effect it.

Michael Marcavage v. City of Chicag

659 F.3d 626 · Court of Appeals for the Seventh Circuit · Oct 4, 2011

The plaintiffs challenge the findings below on First Amend- ment, Equal Protection, Fourth Amendment, and qualified immunity grounds. We do not find their arguments persuasive. … immunity.

Ryan v. Rush-Presbyterian-St. Luke's Medical Center

15 F.3d 697 · Court of Appeals for the Seventh Circuit · Feb 2, 1994

“A waiver by a veteran of [her] statutory rights must ... be clearly and unequivocally indicated.” O’Mara v. Petersen Sand & Gravel Co., 498 F.2d 896, 897 (7th Cir.1974) (quotation omitted). … The statute establishing veterans’ reemployment rights has been renamed several times since it was established in 1940. However, the provisions have remained substantially unchanged. See Hanna v.

Michael Daniels v. Stanley Knight, Superintendent

476 F.3d 426 · Court of Appeals for the Seventh Circuit · Feb 5, 2007

The Strickland framework was clearly established by the time the Indiana trial court denied Daniels’ first post-conviction appeal on February 21, 1985. … See Williams, 529 U.S. at 391 , 120 S.Ct. 1495 (“It is past question that the rule set forth *434 in Strickland qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’ ” (citation

50 Fair empl.prac.cas. 1723, 51 Empl. Prac. Dec. P 39,361, 28 Fed. R. Evid. Serv. 1118 Virginia Pearl, Plaintiff-Appellant-Cross-Appellee v. Keystone Consolidated Industries, Inc., Defendant-Appellee-Cross-Appellant

884 F.2d 1047 · Court of Appeals for the Seventh Circuit · Sep 25, 1989

seriously inconsistent, ... contrary to established laws of nature ... fantastic ... … As we noted in the text, that finding is not clearly erroneous

Yadegar-Sargis, Naza v. INS

Court of Appeals for the Seventh Circuit · Jul 22, 2002

In order to qualify as a refugee, the asylum applicant must establish that he has a well-founded fear of future persecution based on one of the statutorily protected cat- egories. … This court has held that “[t]o qualify for asylum based on group membership, an alien must: 1) identify a particular social group; 2) establish that she is a member of that group; and, 3) establish that her well-founded fear

Vince Mullins v. Direct Digital, LLC

795 F.3d 654 · Court of Appeals for the Seventh Circuit · Jul 28, 2015

Direct Digital also argued that the district court erred by concluding that the efficacy of a health prod- uct can qualify as a “common” question under Rule 23(a)(2). … Given the significant harm caused by immunizing cor- porate misconduct, we believe a district judge has discretion to allow class members to identify themselves with their own testimony and to establish mechanisms to test

Kurek v. Pleasure Driveway & Park District

557 F.2d 580 · Court of Appeals for the Seventh Circuit · May 26, 1977

The district court based its dismissal of this claim on the following finding of Illinois Circuit Court Judge Iben in the Park District’s damages lawsuit against the golf professionals: [T]he reason for their termination clearly … Other courts nevertheless have utilized the single-word shorthand references of “exemption” or “immunity.” . Mr.

Perris Cannaday v. Richard Sandoval

Court of Appeals for the Seventh Circuit · Feb 2, 2012

’s rights were violated, the defendants were entitled to qualified immunity.  … It added that qualified immunity also shielded the officers from liability for entering Cannaday’s house before getting the warrant because Cannaday had failed to establish that no reasonable officer would have believed that

Super Excavators, Inc. v. Occupational Safety and Health Review Commission, Secretary of Labor, Party-Respondent

674 F.2d 592 · Court of Appeals for the Seventh Circuit · Dec 31, 1981

Indeed, after conducting a walk around inspection, God-frey was unsure whether an offense even existed, because he “wasn’t really qualified to make this evaluation.” Tr. at 62. … Therefore, the Secretary established a prima facie case. Petitioner’s final argument is that the trench standards under 29 C.F.R. 1926.-652(b) are vague. We disagree.

United States v. Roger G. Galbraith

200 F.3d 1006 · Court of Appeals for the Seventh Circuit · Jan 11, 2000

The trial court, however, did rely on Songer’s statements, noting that “[h]ere we have a Probation report that establishes relevant conduct between 350 and 500 grams, and yet I’m provided evidence that it’s clearly over 500 … See U.S.S.G. § 3E1.1 (two-level decrease if “defendant clearly demonstrates acceptance of responsibility for his offense”).

Yan Qin Xiao v. Mukasey

547 F.3d 712 · Court of Appeals for the Seventh Circuit · Oct 27, 2008

The BIA affirmed the denial of the asylum claim because the IJ’s finding that Xiao and Jiang were not credible was not clearly erroneous. … If an alien establishes past persecution, there is a rebuttable presumption of future persecution.

H & H Tire Company v. United States Department of Transportation

471 F.2d 350 · Court of Appeals for the Seventh Circuit · Dec 5, 1972

The deleterious economic effect on the industry of required compliance with Standard 117 might be permissible if retreads unquestionably were major safety hazards and if compliance with the standard clearly enhanced retreads … “The Secretary shall establish by order appropriate Federal motor vehicle safety standards.

Omar Saunders-El v. Eric Rohde

Court of Appeals for the Seventh Circuit · Jan 30, 2015

established constitutional right, such that quali- fied immunity does not shield the manufacturers of such evidence from liability. … established due process rights.

United States v. Bozo Kelava and Mile Kodzoman

610 F.2d 479 · Court of Appeals for the Seventh Circuit · Dec 11, 1979

Double jeopardy clearly would then not apply. (Citing Ball.) … The first indictment clearly attempted to charge murder.

American National Fire Insurance Company v. Rose Acre Farms

107 F.3d 451 · Court of Appeals for the Seventh Circuit · Feb 12, 1997

The evidence established that ANFIC had not done so because it believed the existing exclusion excluded the Beechcraft, the position it continues to argue on appeal. … In such a construction, the following qualifying phrase modifies the clause which precedes the conjunction as well as the clause following the conjunction. Id. See also State v.

Stanton v. Commissioner of Internal Revenue

189 F.2d 297 · Court of Appeals for the Seventh Circuit · Jun 27, 1951

unless “clearly erroneous.” … The very informal arrangements here relied upon do not qualify as such, even though they were actually carried out during the tax year.

Rich Stockwell v. City of Harvey

Court of Appeals for the Seventh Circuit · Mar 12, 2010

The district court also determined that the plaintiffs had not established the fourth prong—that a similarly or lesser qualified non-white candidate was treated more favorably. … Stockwell establish pretext by showing that he was more qualified than those eventually promoted to the Deputy and Assistant Chief positions.

Natural Chem Holdings, LLC v.

Court of Appeals for the Seventh Circuit · Jan 15, 2014

To qualify for the auction, a potential bidder had to post  a bond of $250,000. Natural Chem did not do so.  … All  Natural  Chem  offered  to  show  is  that  two  other  bidders  formed a joint venture; this is short of establishing forbidden  collusion. 

United States v. Palumbo Bros.

145 F.3d 850 · Court of Appeals for the Seventh Circuit · May 7, 1998

Therefore, to establish a criminal violation of RICO, the *868 government must first establish a defendant’s predicate acts. … of a RICO offense that must be clearly and specifically established in the indictment.