Case law

William Sapperstein v. Robert Hager and Patricia Hager Doing Business as B & G Cyclery

188 F.3d 852 · Court of Appeals for the Seventh Circuit · Aug 17, 1999

The plaintiff has the obligation to establish jurisdiction by competent proof. Commodity Trend Service, Inc. v. Commodity Futures Trading *856 Comm’n, 149 F.3d 679, 685 (7th Cir.1998). … The defendants object that we have not definitively ruled whether filing a claim with a state Department of Labor qualifies as protected activity under this section of the FLSA.

Walter J.D. Moffett v. Roland E. McCauley John R. Gagnon, and Ronald L. Paul

724 F.2d 581 · Court of Appeals for the Seventh Circuit · Jan 5, 1984

Moffett next argues that the report qualifies as an admission by a party opponent under Fed.R.Evid. 801(d)(2)(B). … Rule 801(d)(2)(B) clearly provides that the party against whom a statement is offered must have “manifested his adoption or belief in its truth.”

Ernest Katin v. Apollo Savings, Federal Savings and Loan Insurance Corporation, Receiver of Apollo Savings v. Edward P. Kelly

460 F.2d 422 · Court of Appeals for the Seventh Circuit · May 15, 1972

We hold that the district court clearly had jurisdiction under 28 U.S.C. § 1345 since FSLIC qualifies as a federal agency authorized to sue under 12 U.S.C. § 1725 (e) (4) and 12 U.S.C. § 1730 (k) (1). FSLIC v. … The instant case is a suit brought by the receiver, FSLIC, for violations of the standards of conduct established by 18 U.S.C. §§ 657 , 1001, 1006 and 1008. In *425 FSLIC v.

United States v. Daniel Ware

914 F.2d 997 · Court of Appeals for the Seventh Circuit · Oct 1, 1990

During the robbery attempt the owner of the establishment called the Calumet City Police. … Officer Shannon clearly was in "fresh pursuit” of Ware under the Indiana statute.

United States v. Elder

840 F.3d 455 · Court of Appeals for the Seventh Circuit · Oct 25, 2016

Here, the government introduced ample evidence' establishing that Elder knowingly agreed with others to unlawfully distribute methamphetamine as charged in the superseding indictment. … Elder also challenges the district court’s finding that his 1999 Arizona conviction qualified as a felony drug offense.

Tod Harding v. Jonathan R. Walls

300 F.3d 824 · Court of Appeals for the Seventh Circuit · Sep 27, 2002

Habeas relief may be granted if a state court adjudication: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court … Mere reassurances given outside the realm of negotiations hardly qualify as a definitive request or promise for beneficial consideration.

Hyman, Cheryl L. v. Tate, Dick

Court of Appeals for the Seventh Circuit · Apr 1, 2004

Instead, Hyman asserts that prior to mailing collection letters, T & K had to establish its own proactive procedure (such as checking the bankruptcy records or using the on-line service of “Banko”) to assure that the accounts … However, the FDCPA does not require collectors to independently verify the validity of the debt to qualify for the “bona fide error” defense. See 15 U.S.C. § 1692k(c). Cf. Jenkins v.

Goodman v. United States

39 F.2d 524 · Court of Appeals for the Seventh Circuit · Mar 13, 1930

It likewise established the fact that some of these goods were sold by ‘Sehechtel to defendant. Defendant’s claim of innocence was predicated upon his denial of any and all knowledge that the goods were stolen. … In each instance, the adversary was permitted to cross-examine the witness in order to discredit his testimony or to qualify or explain it.

United States v. Alex J. Salava

978 F.2d 320 · Court of Appeals for the Seventh Circuit · Oct 23, 1992

Lorenz would have testified does not qualify as “severe” under the statute. … Lorenz’s report that Salava’s mental disorders do not qualify as “severe” under the statute. For instance, although Dr.

Contreras v. City of Chicago

119 F.3d 1286 · Court of Appeals for the Seventh Circuit · Jul 16, 1997

an establishment before closing it. … Like the District Court, we think that the evidence clearly creates a genuine issue of fact regarding whether the Khamises were bigoted.

Effex Capital, LLC v. Nat'l Futures Ass'n

933 F.3d 882 · Court of Appeals for the Seventh Circuit · Aug 13, 2019

Finally, it claimed absolute immunity from any damages because the claims were based on its disciplinary proceedings. … In most cases, dismissal without prejudice "does not qualify as an appealable final judgment because the plaintiff is free to re-file the case." Larkin v. Galloway , 266 F.3d 718 , 721 (7th Cir. 2001).

Esquivel, Hector R. v. Mukasey, Michael B.

Court of Appeals for the Seventh Circuit · Sep 11, 2008

Esquivel next appeared before an IJ, who found that as a result of his two theft offenses he no longer qualified for a waiver of removal and that because he had multiple theft offenses, he was unable to qualify for the petty … Thus, this circuit has held that “Congress clearly manifested an intent to apply the amended definition of ‘aggravated felony’ retroactively.” Flores-Leon v. INS, 272 F.3d 433, 439 (7th Cir. 2001).

520 South Michigan Ave. Associates, Ltd. v. Shannon

549 F.3d 1119 · Court of Appeals for the Seventh Circuit · Dec 15, 2008

Illinois also filed a motion to *1124 dismiss under Fed.R.Civ.P. 12(b)(1), claiming Eleventh Amendment immunity from the state claims. … Furthermore, the Attendant Amendment does not qualify as a “minimum” labor standard. “Minimum,” as used by the Supreme Court, implies a low threshold.

Oneida Nation v. Village of Hobart, Wisconsin

968 F.3d 664 · Court of Appeals for the Seventh Circuit · Jul 30, 2020

3 establish or diminish a reservation. … The slight acceleration of the allot‐ ment process enabled by the Dawes and Burke Acts does not 30 No. 19‐1981 even suggest, let alone clearly establish, that Congress

Gary Jackson, Sr. v. Bruce Lemmon

Court of Appeals for the Seventh Circuit · Sep 25, 2018

Second, even if Wilkinson applied, Jackson runs into the problem of immunity. To  overcome qualified immunity, Jackson must show that the defendants violated “clearly  established” law. Ziglar v. Abbasi, 137 S.  … Because the  defendants are thus entitled to qualified immunity, we need not address the issue of  absolute immunity. See Taylor v. Reilly, 685 F.3d 1110, 1113 (D.C. Cir. 2012). 

Gary Jackson, Sr. v. Bruce Lemmon

Court of Appeals for the Seventh Circuit · Sep 25, 2018

Second, even if Wilkinson applied, Jackson runs into the problem of immunity. To  overcome qualified immunity, Jackson must show that the defendants violated “clearly  established” law. Ziglar v. Abbasi, 137 S.  … Because the  defendants are thus entitled to qualified immunity, we need not address the issue of  absolute immunity. See Taylor v. Reilly, 685 F.3d 1110, 1113 (D.C. Cir. 2012). 

Daniel Pernice v. City of Chicago

237 F.3d 783 · Court of Appeals for the Seventh Circuit · Jan 11, 2001

Clearly, Pernice dreamed up his termination-for-treatment theory only after the district court rejected his first, more plausible theory. … In addition, the ADA excludes from the definition of "qualified individual with a disability" any person currently using illegal drugs. 42 U.S.C. § 12114 (a).

United States v. Hardimon

329 F. App'x 660 · Court of Appeals for the Seventh Circuit · May 14, 2009

Moreover, the government clearly argued the participation of Ghost, Disco, and Black in the conspiracy throughout the course of the trial. … Hardimon maintains that the conviction doesn’t qualify as a “prior” conviction because, he contends, insufficient evidence established that he participated in the conspiracy after his conviction in January 2006.

Richard W. Barber, Personal Representative of the Estate of Barbara W. Reese, Deceased v. John J. Ruth and Lucille A. Ruth

7 F.3d 636 · Court of Appeals for the Seventh Circuit · Oct 15, 1993

Thus, findings that certain facts establish negligence, Glenview Park District v. … This bequest qualifies as a “pecuniary bequest not in trust,” and, accordingly, it does not earn income during administration of the estate.

Karl F. Wudtke and Hope C. Wudtke v. Frederick J. Davel

128 F.3d 1057 · Court of Appeals for the Seventh Circuit · Oct 22, 1997

These definitions may not always clearly delineate what is prohibited, cf. United States v. … immunity.