Case law

International Association of MacHinists and Aerospace Workers, Progressive Lodge No. 1000 v. General Electric Company

865 F.2d 902 · Court of Appeals for the Seventh Circuit · Feb 22, 1989

referred to is section 3(b), which provides: “It is specifically agreed that matters relating to the management of the Company, including but not limited to the right to control operation and the assignment of work, the establishment … Appellate judges can read a document as well as trial judges, but now that appellate review of findings of fact based solely on documentary evidence has been held to be governed by the clearly-erroneous standard, Anderson

Equal Employment Opportunity Commission v. The Chicago Club

86 F.3d 1423 · Court of Appeals for the Seventh Circuit · Jun 6, 1996

The present case clearly turns upon the construction and effect of § 2000e(b) and is well within the statutoiy grant of federal question jurisdiction. See Gully v. … This suggests EEOC’s recognition that it had no proper basis going after the Club under its own established interpretation of § 2000e(b).

United States v. Green

327 F.2d 715 · Court of Appeals for the Seventh Circuit · Feb 12, 1964

Russano, 257 F.2d 712 (2d Cir. 1958), where the evidence established two conspiracies, with a break between the two. The rule in Kotteakos v. … The court was clearly correct in rejecting Faulkner’s instruction naming witness Evans. And in different words the1 substance of Gayles’ instruction was covered.

Alleghany Corporation v. Robert D. Haase, Commissioner of Insurance of the State of Wisconsin, and St. Paul Companies, Inc. And St. Paul Fire and Casualty Insurance Company, Intervening Alleghany Corporation v. John J. Dillon, Commissioner of Indiana Department of Insurance, and St. Paul Companies, Inc. And St. Paul Fire and Casualty Insurance Company, Intervening

896 F.2d 1046 · Court of Appeals for the Seventh Circuit · Apr 5, 1990

The Supremacy Clause establishes a hierarchy of rules, binding on all governmental actors. … Governmental bodies do not even get the benefit of the qualified immunity available to their minions. Owen v. City of Independence, 445 U.S. 622 , 100 S.Ct. 1398 , 63 L.Ed.2d 673 (1980).

Dewey M. Rumfelt v. United States

445 F.2d 134 · Court of Appeals for the Seventh Circuit · Oct 12, 1971

Furthermore, it is well established that this Court must consider the evidence in the light most favorable to the Government. United States v. Reed, 329 F.2d 865 (7 Cir., 1968). … These items were connected to defendant through the qualified tracking dog and by the positive identifications of the trooper.

United States v. Chicago Golf Club

84 F.2d 914 · Court of Appeals for the Seventh Circuit · Jun 22, 1936

Justice Butler, said: “By this statute the United States waived its sovereign immunity from suit. … .’ * * * But it is also well established that suit may not be maintained against the United States in any case not clearly within the terms of the statute by *918 which it consents to he sued. * * * The permission to each

Golden Years Home v. C. Buckland

Court of Appeals for the Seventh Circuit · Feb 19, 2009

They focused their arguments, however, on certain affirmative defenses (most notably collateral estoppel and qualified immunity) and the sufficiency of the evidence on the federal claims. … He established that the charges had been initiated by store employees whom he had previously turned in for sexual harassment and theft. 471 N.E.2d at 1254.

United States v. Stephenson

557 F.3d 449 · Court of Appeals for the Seventh Circuit · Feb 17, 2009

The DEA agent who testified at Stephenson’s sentencing hearing qualified as another expert in the field. … All of this, the court noted, was sufficient, to establish beyond a reasonable doubt that Stephenson sold crack cocaine. Id.

Brian Hughes v. Southwest Airlines Company

961 F.3d 986 · Court of Appeals for the Seventh Circuit · Jun 10, 2020

These options are not qualified in any way; they are not, for instance, limited to circumstances where the can‐ cellation was beyond Southwest’s control. … Again, these options are not qualified or limited in any man‐ ner.

Madison Gas and Electric Company v. Commissioner of Internal Revenue

633 F.2d 512 · Court of Appeals for the Seventh Circuit · Oct 27, 1980

MGE’s arrangement with WPS and WPL in connection with the Plant clearly establishes an unincorporated organization carrying on a “business, financial operation, or venture” and therefore falls within the literal statutory … In addition, it repeated the definition verbatim in Section 761(a), which permits certain qualifying organizations to elect to be excluded from application of some or all of the special Subchapter K partnership provisions

Middleton v. City of Chicago

578 F.3d 655 · Court of Appeals for the Seventh Circuit · Aug 24, 2009

No. 103-158, at 70. 3 Congress expressed no desire for USERRA claims to be immune from § 1658(a)’s limitations period. … Ass’n, 541 U.S. at 252, 124 S.Ct. 1756 , and it is well established that a court should not apply a newly enacted statutory provision retroactively unless Congress has clearly mandated such an extension, see Hughes Aircraft

Lake View State Bank v. Jones

242 F. 821 · Court of Appeals for the Seventh Circuit · Apr 10, 1917

These answers, while somewhat qualified, in response to a leading question put to him, contain a fair statement of the situation so far as' it concerns the alleged prior agreement to execute the particular bill of sale as … mortgage given November 16th, disconnected from the sale of November 16th, likewise furnishes no basis for a lien in appellant’s favor, for it was given for a past indebtedness, and under the finding, standing alone, was clearly

United States v. Elton K. Feffer and Richard R. Alter

831 F.2d 734 · Court of Appeals for the Seventh Circuit · Nov 30, 1987

Nevertheless, it is the movant’s burden to establish by a preponderance of the evidence that the private party acted as a government instrument or agent. … We conclude that the court’s finding here is not clearly erroneous.

Stanley ORZEL, Plaintiff-Appellee, v. CITY OF WAUWATOSA FIRE DEPARTMENT, Defendant-Appellant

697 F.2d 743 · Court of Appeals for the Seventh Circuit · Jan 3, 1983

Consequently, employers whose businesses are safety-related are likely to have less difficulty than other employers in establishing that some retirement age below the federally protected limit of 70 qualifies as a valid BFOQ … In other words, in a trial to the court, this determination constitutes a finding of fact, to which the “clearly erroneous” standard applies. See Pullman-Standard v.

United States v. Jerome W. Bullis

77 F.3d 1553 · Court of Appeals for the Seventh Circuit · Feb 28, 1996

Following a two-week trial in which Bylsma and Scholl testified under grants of immunity, the jury convicted Bullis and acquitted the other defendants. … Therefore, if Bul-lis could successfully establish that his criminal culpability ended prior to November 1, 1991, then he would have a meritorious ex post facto claim.

United States v. Anthony G. "Amos" Amadio

215 F.2d 605 · Court of Appeals for the Seventh Circuit · Sep 21, 1954

He also testified that he was then informed by government counsel that he could claim immunity from testifying. … S., 71 App.D.C. 89 , 107 F.2d 288 , at page 290, the court said: “When guilt is clearly established by competent evidence, error in the admission or exclusion of other evidence or in the charge to the jury which does not

Roy Sargeant v. Aracelie Barfield

Court of Appeals for the Seventh Circuit · Nov 28, 2023

Bivens offers an effective remedy where federal agents violate clearly established constitutional law. It’s not a perfect remedy, nor is it the only deterrent against abuse of power and authority by federal agents. … Bivens claims can fail for many reasons, in- cluding the defense of qualified immunity. Also, apart from Bivens claims, discipline by supervisors and, in egregious cases, even criminal prosecution can help deter abuses.

United States v. Ronald D. Ferguson

935 F.2d 862 · Court of Appeals for the Seventh Circuit · Jun 19, 1991

However, the district judges are able and qualified to pass on the good faith and credibility of the government’s exercise of peremptory challenges under Batson . … Under the circumstances of this particular record, although the government’s reasons are not strong, we cannot say that the district court’s findings were clearly erroneous.

Hanson v. Espy

8 F.3d 469 · Court of Appeals for the Seventh Circuit · Oct 22, 1993

It is an "established proposition that an agency's construction of its own regulations is entitled to substantial deference." Lyng v. … However, we agree with the Secretary that the administrative record clearly shows otherwise. Christian Hanson told Mr.

LAC Courte Oreilles Band of Lake Superior Chippewa Indians v. Voigt

700 F.2d 341 · Court of Appeals for the Seventh Circuit · Jan 25, 1983

The second is the meaning of the qualifying language in the two relevant treaties. We discuss each in turn. … Such a conclusion would be clearly inconsistent with precedent such as United States v. Winans, 198 U.S. 371 , 25 S.Ct. 662 , 49 L.Ed. 1089 *363 (1905); see Section IV(B)(1), supra.