Case law

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.

United States v. Michael Edward Aerts

121 F.3d 277 · Court of Appeals for the Seventh Circuit · Jul 28, 1997

While the court viewed the former as a matter within its discretion, it clearly rejected the latter as a matter of law. … Section 5K2.0 provides, in pertinent part: Under 18 U.S.C. § 3553 (b) the sentencing court may impose a sentence outside the range established by the applicable guideline, if the court finds "that there exists an aggravating

Mason v. F. LLI Luigi & Franco Dal Maschio Fu G.B. s.n.c.

832 F.2d 383 · Court of Appeals for the Seventh Circuit · Oct 6, 1987

Dal Maschio is not qualified to do business in Illinois. It has no office, telephone listing or registered agent there. … In light of the purpose behind section 5(a), Libman’s argument that it is not “subject to liability” because it is immunized from a tort suit by section 5(a) might seem correct.

Amoco Corporation (Formerly Standard Oil Company (Indiana)) and Affiliated Corporations v. Commissioner of Internal Revenue

138 F.3d 1139 · Court of Appeals for the Seventh Circuit · Mar 11, 1998

The instrumentality is typically established as a separate juridical entity, with the powers to hold and sell property and to sue and be sued. … (Public Defenders covered by Westfall Act immunity from suit).

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.

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. Stokes

351 F. App'x 115 · Court of Appeals for the Seventh Circuit · Nov 6, 2009

. § 851 (c), and his counsel correctly conceded at sentencing that the conviction “clearly is a felony in Illinois, and it clearly is punishable under Illinois [law] by more than one year.” … Regardless, the argument is frivolous because a drug offense need only be punishable by imprisonment for more than one year to qualify as a felony, 21 U.S.C. § 802 (44); Burgess v.

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.

Betty Jordan v. Kelly Binns

712 F.3d 1123 · Court of Appeals for the Seventh Circuit · Apr 4, 2013

Ted’s statements qualify as statements by a party-oppo- nent under FRE 801(d)(2)(A). … Xpress created the report, then it would clearly not be a business record under Palmer and its progeny because U.S. Xpress’s business is trucking, not litigation.

Scott Hildreth v. Kim Butler

Court of Appeals for the Seventh Circuit · May 19, 2020

App’x 686, 689 (7th Cir. 2010) (observing the Supreme Court “left open the question whether the ADA could validly abrogate sovereign immunity for non-constitutional violations”). … No. 18-2660 33 As a matter of elementary evidence law, this is just clearly wrong.

In the Matter of Donald Weber and Roxanne Weber, Debtors. Appeal of Michael C. Ablan, Creditor

892 F.2d 534 · Court of Appeals for the Seventh Circuit · Dec 21, 1989

Factual Background Earlier litigation in this case established certain facts with respect to the transactions in question and the bankruptcy court held that the parties were estopped to deny them. … Applying this analysis to our facts, Ablan filed a petition in an adversary proceeding that would qualify as “traditionally ... separate” under Riggsby.

Lynn Moodie, Cross-Appellee v. School Book Fairs, Inc., a Corporation, Cross-Appellant

889 F.2d 739 · Court of Appeals for the Seventh Circuit · Nov 9, 1989

This case presents two issues under the WFDL: (1) Does the relationship at issue qualify as a dealership; and (2) Was the district court clearly erroneous in its determination of damages for termination of a dealership without … The second requirement mandates that to qualify as a dealer, Moodie either sell SBF’s products or services, use their trademark, or distribute their products.

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

Bryana Bible v. United Student Aid Funds, Inc.

799 F.3d 633 · Court of Appeals for the Seventh Circuit · Aug 18, 2015

Further, it is unsurprising that a rehabilitation agreement may not qualify as “satisfactory” to a guarantor. … See § 682.405(b)(4) (explaining that “[a]n eligible lender purchasing a rehabilitated loan must establish a repayment schedule that meets the same requirements that are applicable to other FFEL Program loans of the same loan

United States v. Jesus S. Covarrubias and Graciela Covarrubias

65 F.3d 1362 · Court of Appeals for the Seventh Circuit · Sep 12, 1995

The government’s evidence was more than sufficient to establish Graciela’s knowledge of the marijuana in the car. … We have held that “a defendant must be substantially less culpable than the average participant” to qualify as a minor participant under Guideline § 3B1.2(b). United States v.

Killingsworth v. HSBC Bank Nevada, N.A.

507 F.3d 614 · Court of Appeals for the Seventh Circuit · Nov 9, 2007

The allegations, if true, could establish that an FCRA violation occurred before FACTA’s effective date, and this is enough to survive the motion to dismiss. I. … Congress has clearly spoken either way — as to prospective or retrospective application.

Kevin Rice v. Terry McCann Warden, Centralia Correctional Center

339 F.3d 546 · Court of Appeals for the Seventh Circuit · Sep 30, 2003

The Supreme Court also warns that under AEDPA we are not at liberty to issue a writ of habeas corpus based on our “independent judgment that the relevant state court decision applied clearly established federal law erroneously … Pugh’s prior statements in fight of the reliability factors identified in Chambers , and logically concluded that Pugh’s suppression hearing testimony was properly excluded at trial because it was untrustworthy and did not qualify

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.

Brian Majors v. Marsha Abell

317 F.3d 719 · Court of Appeals for the Seventh Circuit · Jan 23, 2003

Not if it clearly fails to cover his conduct, of course. … As the unconstitutionality of the statute is debatable, the defendants are shielded by official immunity from damages liability. The dismissal of so much of the suit as seeks damages is therefore affirmed.

Jo Ann Leffel v. Valley Financial Services and Valley American Bank and Trust Company

113 F.3d 787 · Court of Appeals for the Seventh Circuit · Jun 16, 1997

The ADA prohibits an employer from discriminating against “a qualified individual with a disability because of the disability of such individual____” 42 U.S.C. § 12112 . … Leffel argues that she was “well qualified” to continue as branch manager and that “her performance was more than simply adequate but was in fact exemplary.” Leffel Br. 17.