Case law

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. Raymond Keith Sherman

53 F.3d 782 · Court of Appeals for the Seventh Circuit · Jun 20, 1995

This determination is reviewed using the clearly erroneous standard of review. Third, we must determine whether the degree of departure is linked to the structure of the Guidelines. … A finding is clearly erroneous when we are left “with the definite and firm conviction that a mistake has been committed.” United States v. Cojab, 978 F.2d 341, 343 (7th Cir.1992) (citation omitted). A.

Central States, Southeast and Southwest Areas Pension Fund, a Pension Trust v. Gerber Truck Service, Inc.

870 F.2d 1148 · Court of Appeals for the Seventh Circuit · Mar 17, 1989

Gerber Truck asks us to give § 515 the least possible scope because its arrangement with Local 50 so clearly negated the presence of a collective bargaining agreement. … One is obvious: write a broad contract and claim later that it “really” meant something else, if employees do not qualify for benefits. If they qualify, the employer pays; if not, it doesn’t.

Joanne Yatvin v. Madison Metropolitan School District, a Political Subdivision of the City of Madison

840 F.2d 412 · Court of Appeals for the Seventh Circuit · Feb 5, 1988

Granted, just as the establishment of a bona fide affirmative action plan might help rebut a claim of sex discrimination, see Coser v. … as the most qualified competing applicant.

United States v. Cartwright

630 F.3d 610 · Court of Appeals for the Seventh Circuit · Dec 29, 2010

The existence of a police policy, city ordinance, or state law alone does not render a particular search or seizure reasonable or otherwise immune from scrutiny under the Fourth Amendment. See Sibron v. … Code § 9-19-6-4(e) (“Either a tail lamp or a separate lamp must be placed and constructed so as to illuminate the rear registration plate with a white light and make the plate clearly legible from a distance of fifty (50)

Stephanie L. Glass v. Village of Sauk

81 F.3d 163 · Court of Appeals for the Seventh Circuit · Mar 28, 1996

Chathas finds support in the related law governing qualified immunity for public officials, which states that an official may only claim immunity if the federal right at issue was clearly established when the alleged violations … The record clearly shows that Glass had rested her case before the motion was heard, and nothing precluded Glass from asking the court to reopen her case or to permit re-direct examination of the final witness

James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc., and Montgomery Ward & Co., Incorporated

540 F.2d 266 · Court of Appeals for the Seventh Circuit · Aug 3, 1976

scientifically conducted by qualified experts and impartial interviewers. … ’s goods and has achieved the fame established in the record before us.

BEDFORD MEDICAL CENTER, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant-Appellee

766 F.2d 321 · Court of Appeals for the Seventh Circuit · Jul 1, 1985

courts are authorized to set aside agency decisions only when they: are arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law; are contrary to constitutional right, power, privilege, or immunity … arbitrary, capricious, and an abuse of discretion” because they are based on invalid statistics; and, second, that the Secretary’s denial of the plaintiff’s request for an exception to the application of the guidelines was “clearly

Denis Navratil v. City of Racine

101 F.4th 511 · Court of Appeals for the Seventh Circuit · May 6, 2024

Mayor Mason had sole discretion to determine which qualifying applicants received emergency funding. The city could not guarantee that a business meeting the qualifying criteria would receive funding. … It is well-established that “inferences that are sup- ported by only speculation or conjecture will not defeat a summary judgment motion.” Design Basics, LLC v.

Robert Todd v. James Schomig, Warden, Pontiac Correctional Center

283 F.3d 842 · Court of Appeals for the Seventh Circuit · Mar 14, 2002

ANALYSIS A writ of habeas corpus may be granted only if the state court’s adjudication of the claim (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal … The Supreme Court has very clearly stated that aggravation evidence is of a wholly different character than mitigation evidence, and is subject to more restrictive constitutional limitations. See, e.g., McCleskey v.

Jeffery Bridges v. United States

991 F.3d 793 · Court of Appeals for the Seventh Circuit · Mar 17, 2021

When Bridges was pleading guilty and being sentenced, the categorical approach was of course well-established. See generally Taylor v. United States, 495 U.S. 575 (1990). So was its applicability to the Guidelines. … Yet deferential review does not mean no review: a “court adjudicating a Strickland claim can’t just label a decision ‘strategic’ and thereby immunize it from constitutional scrutiny.” Jones v.

Carter v. Chicago Police Officers

165 F.3d 1071 · Court of Appeals for the Seventh Circuit · Dec 31, 1998

Act"), which entitles local government employees to immunity from tort liability in the "execution or enforcement of any law" unless their conduct is "willful and wanton." 745 Ill. … See Mekdeci, 711 F.2d at 1515 ("Even more indicative, however, is the fact that the jury attempted to qualify its verdict.

Darrell Farmer v. Michael Lane, Doug Brown, Linda Williamson, Jay Delicandro, Rocco Biscaglia, and Reid Paxson

864 F.2d 473 · Court of Appeals for the Seventh Circuit · Dec 14, 1988

Because this case involves questions of collateral estoppel and res judicata, it is important to understand clearly the precise nature of the claims in the state court proceeding. … In this suit collateral estoppel is asserted against Farmer, who was clearly a party to the earlier state suit.

United States v. Roger D. Sanapaw

366 F.3d 492 · Court of Appeals for the Seventh Circuit · Apr 27, 2004

As even Sanapaw admits, strict construction of statutory language “is to be avoided when the result would be senseless or clearly at odds with the evident purpose of the statute.” See Veprinsky v. … Although Sanapaw provides no citations in his brief to establish the polytypic nature of marijuana, United States v.

United States Ex Rel. Ziebell v. Fox Valley Workforce Development Board, Inc.

806 F.3d 946 · Court of Appeals for the Seventh Circuit · Nov 25, 2015

Our cases establish a three-step inquiry to determine whether a qui tam claim falls within the public-disclosure bar. … Alt- hough her disruption of the May 2008 board meeting was related to the improper subcontract with Workforce Economics, disrupting a meeting hardly qualifies as protect- ed activity absent something more.

Moab v. Gonzales

500 F.3d 656 · Court of Appeals for the Seventh Circuit · Sep 13, 2007

Consequently, we cannot find that the Immigration Judge’s adverse credibility finding is clearly erroneous. … The Board clearly engaged in an independent analysis of the case. The BIA did not adopt, expressly or by implication, the IJ’s findings.

Bhupendra Shah v. Inter-Continental Hotel Chicago Operating Corp.

314 F.3d 278 · Court of Appeals for the Seventh Circuit · Dec 23, 2002

Marion County, 66 F.3d 151, 153 (7th Cir.1995), establish a system of notice pleading. … If the complaint had stopped there, it clearly could not have been dismissed consistent with Rule 8 of the civil rules.

Brown v. Advocate South Suburban Hospital

700 F.3d 1101 · Court of Appeals for the Seventh Circuit · Nov 21, 2012

First, they contend that other, less-qualified, non- African-American nurses were given transfers and better shifts. But, as discussed, the plaintiffs provided no actual evidence to support this contention. … Perhaps their supervisors’ criticisms were unfair—clearly the No. 12-1135 9 plaintiffs feel that they were—but there is no evidence that they were unfair because they were motivated

Robert Earl Mister, on Behalf of Himself and All Others Similarly Situated v. Illinois Central Gulf Railroad Company

832 F.2d 1427 · Court of Appeals for the Seventh Circuit · Dec 7, 1987

The district court’s contrary conclusion is clearly erroneous. See Anderson v. Bessemer City, 470 U.S. 564, 573-75 , 105 S.Ct. 1504, 1511-12 , 84 L.Ed.2d 518 (1985); Pullman-Standard v. … This resolution is not clearly erroneous.

Bethel Conservative Mennonite Church v. Commissioner of Internal Revenue

746 F.2d 388 · Court of Appeals for the Seventh Circuit · Oct 17, 1984

In 1964, Bethel Mennonite established a medical aid plan for its members. … and operated to further a bona fide religious purpose and that the Commissioner’s determination to the contrary was clearly erroneous.