Case law

Connie L. Haschmann v. Time Warner Entertainment Company, L.P., Doing Business as Cablevision New York

151 F.3d 591 · Court of Appeals for the Seventh Circuit · Jul 29, 1998

The difference in the periods of absence in Nowak and in this case clearly distinguishes the two cases. In this case, the leave of absence sought was a clearly defined period of 2-4 weeks and was Dr. … Indiana Sugars, Inc., 108 F.3d 789, 797 (7th Cir.1997) (citing cases in which time period of 1 day or 1 week sufficiently demonstrated causal nexus; holding that McClendon's termination 2-3 days after his filing EEOC charges established

Ann Bell v. Albertson Companies, Inc.

Court of Appeals for the Seventh Circuit · Dec 7, 2020

They also often establish requirements for how the product must be made or sold. … Defendants make much of the word “clearly” in Beardsall and Williams, which they argue suggests that an ingredient la- bel can cure a misleading statement so long as the statement is not clearly misleading.

Lewis v. Lane

832 F.2d 1446 · Court of Appeals for the Seventh Circuit · Nov 4, 1987

Petitioner contends that had this information reached the State’s Attorney’s Office earlier, Farris would never have been granted immunity. … The only aggravating factor in that subsection under which petitioner might qualify is (b)(6), which requires a showing that petitioner actually killed Donald Bivens during *1465 the course of an armed robbery.

Michael Simpson v. Beaver Dam Community Hospitals

780 F.3d 784 · Court of Appeals for the Seventh Circuit · Mar 11, 2015

Under the indirect method of proof established by McDonnell Douglas Corp. v. … Simpson, because he was qualified for the family medicine position, BDCH’s concerns must have been pretexts for race discrimination.

York v. Peake

286 F. App'x 318 · Court of Appeals for the Seventh Circuit · Jun 30, 2008

and was not better qualified than the plaintiff. … Such a comparison demonstrates pretext only if the disparity is so great that “there can be no dispute among reasonable persons of impartial judgment that the plaintiff was clearly better qualified for the position at issue

United States v. Jesus Rosalez-Cortez

19 F.3d 1210 · Court of Appeals for the Seventh Circuit · Mar 24, 1994

Jones, 950 F.2d 1309, 1313 (7th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1700 , 118 L.Ed.2d 410 (1992) (holding that evidence establishes defendant was not innocent bystander). … Rosalez would not qualify for a two-point reduction for acceptance of responsibility because he went to trial claiming his innocence. Mr.

United States v. Shakil Wamiq

771 F.3d 367 · Court of Appeals for the Seventh Circuit · Oct 24, 2014

These distinct purchases qualify as separate transactions, each sufficient to support a violation of the CCTA. … Here, Wamiq challenged whether he qualified as a person licensed or otherwise authorized by Illinois to have unstamped cigarettes, which is a factual matter.

Chicago Teachers Union, Local v. Board of Education of the City

14 F.4th 650 · Court of Appeals for the Seventh Circuit · Sep 22, 2021

However, beyond noting the existence of open positions for which laid off employees were qualified, CTU does little to meet its burden that its proposed alternative was “available, equally valid and less discriminatory.” … It does, however, clearly vest hiring authority with school principals and not the Board itself.

Dulce Zaragoza v. Merrick B. Garland

Court of Appeals for the Seventh Circuit · Nov 8, 2022

Rosen, 986 F.3d 676, 684 (7th Cir. 2021), with one important qualifier. … This understanding of Moncrieffe and Silva-Trevino com- ports with well-established background norms.

Jeremiah Stamler, M.D. And Yolanda F. Hall, and Milton M. Cohen, Intervening v. Hon. Edwin E. Willis

415 F.2d 1365 · Court of Appeals for the Seventh Circuit · Aug 5, 1969

Thompson, 103 U.S. 168 , 26 L.Ed. 377 , it was clearly established that liability, including personal tort liability, could be imposed on an official for following orders given to him by the legislature, even though the legislators … In addition, the defense of Congressional immunity was not raised until late in the proceedings, and while we need not now decide whether this affirmative defense was waived by failure to raise it earlier (see 287 F.Supp.

Jesse Webster v. United States

Court of Appeals for the Seventh Circuit · Dec 19, 2011

This factual finding is not clearly erroneous, and it resolves Webster’s appeal. … The judge found the evidence insuf- ficient to establish that improper deliberations had actually occurred.

Stephanie Carlson v. CSX Transportation, Incorpora

758 F.3d 819 · Court of Appeals for the Seventh Circuit · Jul 10, 2014

It ar- gues that the motion was too insubstantial to qualify as a motion under Rule 59(e). … Jurisdiction” is a word with “many, too many, meanings,” and a proper ruling on whether a party’s failure to meet a statutory requirement deprives federal courts of subject matter jurisdiction must be based on whether Congress clearly

United States v. Robert J. White

993 F.2d 147 · Court of Appeals for the Seventh Circuit · May 19, 1993

At the time of White’s sentencing in April 1992, Guideline § 3El.l(a) required a defendant to accept responsibility for “his criminal conduct” to qualify for an offense level reduction. … Under the new version, the defendant must clearly demonstrate acceptance of responsibility for “his offense.”

Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. United States Internal Revenue Service

845 F.2d 139 · Court of Appeals for the Seventh Circuit · Apr 15, 1988

LCO’s self-government powers through its Development Corporation include establishing both tribal housing and business on its reservation. … The Kansas Indians, 72 U.S. (5 Wall.) 737 , 18 L.Ed. 667 (1866) (tribes totally immune from state taxation); United States v.

United States v. Rickey Edward Matthews

116 F.3d 305 · Court of Appeals for the Seventh Circuit · Jun 26, 1997

In 1978, Matthews suffered injuries in a motorcycle accident and qualified for a Veterans Administration (VA) non-service connected pension. … Matthews’ annual false statements since 1978 and the resulting overpayment are clearly relevant conduct.

Joseph Sodowski v. National Flood Insurance Program of the Federal Emergency Management Agency

834 F.2d 653 · Court of Appeals for the Seventh Circuit · Nov 25, 1987

The evidence established that the water level during the 1982 flood reached one of its highest levels in recent times. . … The ground settlement in this case is clearly a type of land subsidence or earth movement. .

Michael Bost v. Illinois State Board of Elections

114 F.4th 634 · Court of Appeals for the Seventh Circuit · Aug 21, 2024

Be that as it may, even with their affidavits, Plaintiffs can- not establish the injury in fact necessary for Article III stand- ing. … Campaign expenses readily qualify as both “concrete” and “particularized”—the first two prongs of Article III standing. See TransUnion LLC v.

Kawin & Co. v. American Colortype Co.

243 F. 317 · Court of Appeals for the Seventh Circuit · Apr 10, 1917

That allegation was for the purposes of the present motion prima facie proof of the fact, and unless it was traversed, and proof made to the contrary, it was established as by default. We held in Adams v. … The pleas concede that plaintiff had duly qualified to do business in the state of Illinois and was still so qualified, hut allege that, after the contracts had been executed, the breaches thereof arisen, and the cause of

United States v. David T. Dellinger

472 F.2d 340 · Court of Appeals for the Seventh Circuit · Mar 5, 1973

As to four of the five witnesses (Styron and Wright, the first two, and Misner and Pomeroy, the last two) the government objected when the defense attempted to establish that each was qualified as an expert. … The lines between us, the people in the streets and them, the people in authority, had been clearly established. The police had seen to that. . . .

WHITE EAGLE CO-OP. ASS'N v. Conner

553 F.3d 467 · Court of Appeals for the Seventh Circuit · Jan 12, 2009

The record clearly establishes a basis as noted above for amending the order on an interim basis and the opportunity to file written exceptions *482 to the proposed amended order remains. 70 Fed.Reg. at 43341. … We have held that non-pooled milk does not qualify as milk purchased from producers. County Line Cheese Co. v.