Case law

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.

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.

Ashland Compton v. Inland Steel Coal Company and Director, Office of Workers' Compensation Programs, United States Department of Labor

933 F.2d 477 · Court of Appeals for the Seventh Circuit · Jul 17, 1991

But, these courts failed to clearly delineate a definitive quantum of causation necessary for a miner to establish that pneumoconiosis was a “substantial contributory cause” 5 of his total disability. … “The AU must consider all relevant medical evidence, cannot substitute his expertise for that of a qualified physician, and cannot simply disregard the medical conclusions of a qualified physician,” without giving his reason

Anthony Piscione v. Ernst & Young, L.L.P.

171 F.3d 527 · Court of Appeals for the Seventh Circuit · Mar 23, 1999

Thus, Piscione’s duties that involved more than menial or routine tasks were clearly primary. … Therefore, Pis-cione qualifies for the administrative exemption. 4. Piscione’s Primaiy Duties Required Advanced Knowledge Piscione’s responsibilities also qualify him for the professional exemption.

United States v. Charles Tankson

Court of Appeals for the Seventh Circuit · Sep 12, 2016

Tankson next contends that, even if the drug quanti‐ ties are established sufficiently by his statement, the sales at‐ tributed to those quantities do  not qualify as “relevant con‐ duct” under the guideline.  … The  governing  principles  are  well  established. 

Wilt v. Brokaw. Wilt v. Peoples Trust & Savings Co.

196 F.2d 69 · Court of Appeals for the Seventh Circuit · Apr 15, 1952

Wilt at the time she established this joint account, we cannot say that the court’s finding was clearly erroneous. … Wilt’s statement of intention made almost ten years after the action which the statement sought to qualify or explain.

National Spiritual Assembly of the Bahá'ís of the United States v. National Spiritual Assembly of the Bahá'ís of the United States, Inc.

628 F.3d 837 · Court of Appeals for the Seventh Circuit · Nov 23, 2010

Effendi died unexpectedly in 1957 without having clearly designated a successor. … In church property disputes (trade- mark suits obviously qualify), the First Amendment limits the sphere in which civil courts may operate.

National Roofing Contractors Association v. Peter J. Brennan, Secretary of Labor

495 F.2d 1294 · Court of Appeals for the Seventh Circuit · Apr 30, 1974

experience and affiliation” to represent the involved employers, roofing subcontractors, as the statute clearly required. … To the extent that such devices can be said to constitute secure temporary parapets, they may qualify as an acceptable means of protection.

17 Employee Benefits Cas. 1085, Pens. Plan Guide P 23881j Uiu Severance Pay Trust Fund, Plaintiff-Cross-Appellee v. Local Union No. 18-U, United Steelworkers of America, Defendant-Appellant-Cross-Appellee, and Harold Oliver, Defendant-Appellee-Cross-Appellant

998 F.2d 509 · Court of Appeals for the Seventh Circuit · Jul 9, 1993

If they are not permitted to seek recovery of mistaken contributions they may be less inclined to sponsor ERISA-qualified plans at all. … The district court clearly had "jurisdiction to determine whether [it had] subject matter jurisdiction." Shannon v.

Levin v. Attorney Registration & Disciplinary Commission

74 F.3d 763 · Court of Appeals for the Seventh Circuit · Jan 17, 1996

After reaching the merits, the district court dismissed Count IV on absolute immunity grounds and held that Count VI was barred by res judicata. *766 II. … Revealingly, Levin's federal complaint contains similar claims to those found in his Rule 383 motion, which clearly requested that the Illinois Supreme Court review Levin's disciplinary proceedings. .

United States v. Koplin

227 F.2d 80 · Court of Appeals for the Seventh Circuit · Nov 3, 1955

of the important motions was to dismiss the indictments and suppress evidence mainly on the ground that the indictments had been procured on evidence resulting from a voluntary disclosure made by Koplin on a promise of immunity … Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence.” Powell v. Alabama, 287 U.S. 45, 69 , 53 S.Ct. 55, 64 , 77 L.Ed. 158 .

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.

Allen M. Wijeratne, Formerly Known as Allen M. Lowe v. Immigration and Naturalization Service

961 F.2d 1344 · Court of Appeals for the Seventh Circuit · Apr 24, 1992

Wijeratne had two chances to appear — clearly a “reasonable opportunity.” In absentia deportation hearings have been upheld on far less. … The Fifth Circuit held that the alien was “clearly afforded a ‘reasonable opportunity to be present.’ ” Id. at 806 . See also Shah v.

Carroll v. Social Security Board

128 F.2d 876 · Court of Appeals for the Seventh Circuit · Jun 10, 1942

The question arose on account of the liquidator's contention that he was a state employee entitled to immunity from Federal Taxation. (Under the former rules of Immunity). … It is clear that not all state agencies and instrumentalities are exempt from federal taxation, but our question is, what position does plaintiff occupy in the State of Illinois, and clearly he is its agent or officer.

N. W. Whitley, Cross-Appellant v. George W. Seibel, Individually and as a Police Officer of the Chicago Police Department, Cross-Appellee

676 F.2d 245 · Court of Appeals for the Seventh Circuit · Mar 24, 1982

On October 14, he again wrote, “The undersigned was able to establish that Whitley was not where he had claimed at the time of the occurrence.” Tr. 261. … Seibel does not challenge the jury’s decision that his qualified immunity was exceeded in this case. 6 .

Coates v. Johnson & Johnson

756 F.2d 524 · Court of Appeals for the Seventh Circuit · Mar 4, 1985

Clearly, Mr. Williams considered Miss Dampier's entire disciplinary record in upholding her discharge. … The policy behind a qualified privilege for self-critical affirmative action evaluations is to promote the overall goal of removing discriminatory practices from the workplace.

Denberg v. United States

696 F.2d 1193 · Court of Appeals for the Seventh Circuit · May 10, 1983

Moreover, the Board contends that retroactive relief is not proper under the test established in Chevron Oil Co. v. Huson, 404 U.S. 97 , 92 S.Ct. 349 , 30 L.Ed.2d 296 (1971). A. Sovereign Immunity 41 Wright v. … resolution was not clearly foreshadowed....

Murdock & Sons Construction, Inc. v. Goheen General Construction, Inc.

461 F.3d 837 · Court of Appeals for the Seventh Circuit · Aug 17, 2006

The bid was originally calculated by well-qualified and experienced experts in both engineering and construction. The prison was to be a maximum security facility. … ANALYSIS “It is well established that following a bench trial, we review the district court’s conclusions of law de novo, but will reverse its findings of fact only if they are clearly erroneous.” Petrilli v.

United States v. John M. Hamilton, A/K/A John Nordquist, and Robert J. Miller, A/K/A Robert J. Alexander

19 F.3d 350 · Court of Appeals for the Seventh Circuit · Mar 21, 1994

Dien, 609 F.2d 1038, 1043 (2d Cir.1979) (stating that to establish a Sixth Amendment violation after Weatherford a defendant must establish “that privileged information had been passed to the government or that the government … It was not clearly erroneous for the district court to deem her testimony credible and find as a factual matter that Mr.

United States v. James C. Hendricks

319 F.3d 993 · Court of Appeals for the Seventh Circuit · Feb 21, 2003

She clearly identified her name and occupation, and it was evident from her statement how she came to ob *1002 serve the white vehicle parked behind the closed business establishment. 2 Immediately after receiving McDonald … Hendricks not qualified as an armed career criminal, the maximum sentence he could have received for a violation of § 922(g)(1) is ten years, but, because he qualified as an armed career criminal, the district court was required