Case law

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.

J.D. Court, Inc., a Corporation v. United States of America, Acting Through the Department of Treasury, Internal Revenue Service

712 F.2d 258 · Court of Appeals for the Seventh Circuit · Jul 5, 1983

The Sgro and Asher cases clearly establish that, in determining priority between state law liens and federal tax liens under the Tax Lien Act of 1966, the “choateness doctrine” is recognized in this circuit as a valid legal … (B) Limitation on qualified property. — The term ‘qualified property’, when used with respect to a commercial transactions financing agreement, includes only commercial financing security acquired by the taxpayer before the

Sherrod v. Berry

856 F.2d 802 · Court of Appeals for the Seventh Circuit · Aug 22, 1988

But "[d]iscretion does not mean immunity from accountability." 1 Weinstein's Evidence, p 401. … But this fact alone will never immunize an otherwise unreasonable use of deadly force." Ford, 855 F.2d at 1276 .

Wayne D. Kubsch v. Ron Neal

838 F.3d 845 · Court of Appeals for the Seventh Circuit · Sep 23, 2016

Smith, 574 U.S. -, 135 S.Ct. 1 , 190 L.Ed.2d 1 (2014) (summary reversal; Supreme Court case law did not clearly establish right to relief). … I find no error in the exclusion of Amanda’s statement, let alone a violation of constitutional law clearly established by Supreme Court decisions.

Don T. Allen and Don T. Allen as of the Estate of Helen M. Allen, Deceased v. Commissioner of Internal Revenue

283 F.2d 785 · Court of Appeals for the Seventh Circuit · Nov 3, 1960

And the legal criterion to be applied has been clearly and concisely set forth in Commissioner of Internal Revenue v. … None of the remaining payments involved bear the requisite relationship to the taxpayer’s business to qualify them for treatment as other than capital losses or non-business losses or bad debts.

United States v. Ashqar

582 F.3d 819 · Court of Appeals for the Seventh Circuit · Oct 2, 2009

Ashqar persisted in his refusal to talk, however, even after the court granted Ashqar immunity and ordered him to testify. … It supported these findings with specific facts in the record, and Ashqar does not argue that these findings are clearly erroneous. This was enough.

Mid-Continent Wood Products, Inc. v. Lawrence A. Harris

936 F.2d 297 · Court of Appeals for the Seventh Circuit · Sep 13, 1991

established that the defendant had refused to accept his mail. … Neither does this procedure qualify under the even stricter Illinois service requirements.

United States v. Glenn Ford, Robert Gipson and Ladell Jacobs

21 F.3d 759 · Court of Appeals for the Seventh Circuit · Apr 13, 1994

Gipson does not assert that a different conspiracy has been established, he argues that no conspiracy has been established. 2 . … The PSRs of Ford and Jacobs did not indicate that they would have qualified for the increase, which does not apply if the amount of the bribes was less than $2000.

Anna Darchak v. Bd Educ City Chicago

Court of Appeals for the Seventh Circuit · Sep 3, 2009

Acevedo checked with the CPS Accountability Department to determine whether Darchak was qualified to tempo- rarily teach the students in Room 206. … She can establish triable issues using either direct or circumstantial evidence. Id.; see Atanus v.

Cohen v. Ayers

596 F.2d 733 · Court of Appeals for the Seventh Circuit · May 21, 1979

For example, qualified options had to be exercised within five years, 1 and a former employee had to exercise his options within three months of leaving the company's employ. … Therefore, the possibility of waste giving added value without any consideration is clearly present.

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.

Alan Carney v. Cummins Engine Company, Inc.

602 F.2d 763 · Court of Appeals for the Seventh Circuit · Aug 16, 1979

The agreement also established a. recording procedure to account for overtime assignments. … permit him to work the eight hours overtime in either his former or present department. 4 To the extent that defendant has the alternative choice of paying plaintiff for unworked time pursuant to the judgment, the statute is clearly

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.

DeBruyne v. Equitable Life Assurance Society of the United States

920 F.2d 457 · Court of Appeals for the Seventh Circuit · Dec 14, 1990

As to the first question, the answer is clearly yes. … That argument, however, clearly is not the one that plaintiffs have pressed before this court. . See supra note 2. .

Equal Employment Opportunity Commission, Cross-Appellee v. Sears, Roebuck & Company, Cross-Appellant

839 F.2d 302 · Court of Appeals for the Seventh Circuit · Mar 15, 1988

We cannot say that finding is clearly erroneous. … We have not, however, suggested that it establishes job equality- .

Miller, Bogi v. Smith, Andrew

Court of Appeals for the Seventh Circuit · Jul 10, 2000

Miller agrees that Kolar and its progeny establish such a presumption, but he argues that he rebutted it. … immunity--a defense available solely to officials facing sec. 1983 suits in their individual capacities.

Allan M. Jones v. Director, Office Of Workers' Compensation Programs

977 F.2d 1106 · Court of Appeals for the Seventh Circuit · Oct 14, 1992

Freeman [a neurosurgeon] and the claimant tends to establish that the work worsened the original injury and that the claimant was negligent in performing that work because Dr. … Under this test there might be some doubt whether simple negligence could qualify as a supervening cause. But we leave that question to another day.

Major Burrus v. Warren Young, Superintendent, and the Attorney General of the State of Wisconsin

808 F.2d 578 · Court of Appeals for the Seventh Circuit · Mar 10, 1987

To evaluate whether Burrus established that Dr. Jackson was qualified as an expert on the effect of post-crime trauma on intoxicated persons, it is necessary to review Burrus’ offer of proof. … Jackson’s proffered testimony on the grounds that it “would clearly be nothing more than speculative____ the testimony of Dr.

John Dawkins v. United States

Court of Appeals for the Seventh Circuit · Jan 7, 2016

Therefore,  to  qualify  as  one  of  the  listed  offenses  in  § 4B1.2(a)(2),  Mr.  … Up to now, while rejecting those motions where the un‐ derlying  convictions  clearly  do  not  implicate  the  residual  clause,  we  have  demonstrated  great  caution  by  permitting  those  who  present  a  plausible 

Parks v. Pavkovic

753 F.2d 1397 · Court of Appeals for the Seventh Circuit · Feb 13, 1985

This is clearly wrong. … The permanent injunction will be thwarted--all the more clearly since the institutions will not take the children back so long as their bills are unpaid.