Case law

United States v. White, Juan

Court of Appeals for the Seventh Circuit · Mar 5, 2008

This Circuit previously has established that a wit- ness whose credibility has been attacked may be rehabili- tated (e.g., United States v. … We have no basis whatsoever to say its findings are clearly erroneous.

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

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.

Raymond J. Torres, Franklin J. Utz, and Gerald F. Schmit v. Wisconsin Department of Health and Social Services, Defendants

859 F.2d 1523 · Court of Appeals for the Seventh Circuit · Oct 17, 1988

“Where there are two permissible views of the evidence, the fact-finder’s choice between them cannot be clearly erroneous.” Id. at 574, 105 S.Ct. at 1511 . … Certainly, there is no general requirement that the necessity of a BFOQ be established by this type of evidence.

Arthur Wesley Cook v. Director, Office of Workers' Compensation Programs, United States Department of Labor

816 F.2d 1182 · Court of Appeals for the Seventh Circuit · Apr 13, 1987

qualified. … As stated above, I believe that this is clearly contrary to the express wording of the regulation.

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.

Elmer Britton v. South Bend Community School Corporation

775 F.2d 794 · Court of Appeals for the Seventh Circuit · Oct 21, 1985

It appears, then, that two years before the consent decree went into effect South Bend was hiring a larger fraction of qualified blacks than qualified whites — and there is no evidence that it had ever refused to hire qualified … Although the defendants have made little effort to establish this ground, I am willing to give them every benefit of the doubt and therefore consider whether there is any possible basis for upholding the grant of superseniority

LeBeau v. Libbey-Owens-Ford Co.

799 F.2d 1152 · Court of Appeals for the Seventh Circuit · Aug 22, 1986

II LOF relied upon the EEOC’s regulation to establish its immunity from liability under Title VII. … Assertions such as these that are clearly contrary to the facts and the law suggest that the EEOC acted in subjective bad faith.

United States v. Elston Stevenson

13 F.4th 607 · Court of Appeals for the Seventh Circuit · Sep 8, 2021

But because Stevenson qualified as an armed career criminal—warranting a mini- mum 15-year sentence—the probation office recommended 180 months’ imprisonment. … Given this evidence, the district court did not clearly err in finding that Stevenson did not receive such a let- ter related to his 1989 convictions.

Eileen M. Huss v. IBM Medical and D

418 F. App'x 498 · Court of Appeals for the Seventh Circuit · Apr 13, 2011

This language clearly shows that if a disabled adult child is enrolled and receiving benefits, those benefits will terminate at age twenty-three unless the participating employee requests continuation. … , i.e., legally, govern the establishment or operation of the plan.”

United States v. Cisse

103 F. App'x 27 · Court of Appeals for the Seventh Circuit · Jun 24, 2004

ORDER As part of a bank fraud scheme, Salim Cisse and an accomplice established bank accounts using fictitious names and social security numbers. … This case is similar, except that here the social security number was clearly not obtained from the actual individual to whom it was assigned. Cisse argues that the difference is crucial.

Laketon Asphalt Refining, Inc. v. United States Department of the Interior and Cecil Andrus, Secretary of the United States Department of the Interior

624 F.2d 784 · Court of Appeals for the Seventh Circuit · Jul 3, 1980

At the present time, Laketon is as qualified as any other small business refiner to acquire OCS 14 royalty oil and that onshore royalty oil produced in Alaska. … This argument by plaintiff clearly misses the mark.

Thomas Mattson v. Caterpillar, Inc.

359 F.3d 885 · Court of Appeals for the Seventh Circuit · Mar 4, 2004

If we were to adopt Mattson’s arguments, it would encourage the abuse of Title VII and the proceedings that it establishes. Our holding is in accord with Johnson v. … The Supreme Court *892 therefore concluded that the plaintiffs complaint did not qualify as protected activity under Title VII.

Stanley Moore and Judith Moore v. Mary Ryan Townsend and Jane Melnick

525 F.2d 482 · Court of Appeals for the Seventh Circuit · Jul 23, 1975

Race is an impermissible consideration in a real estate transaction, and it need only be established that race played some part in the refusal to deal. Smith v. Sol D. … As for the attack on the award of costs and attorneys’ fees in Nos. 74 — 2067 and 74 — 2068, appellants argue as follows: (1) the Moores did not qualify under the test in 42 U.S.C. § 3612 1 since Mr.

United States v. Ronald L. Scott

914 F.2d 959 · Court of Appeals for the Seventh Circuit · Sep 28, 1990

The weakest possible case might qualify for a downward departure. … Clearly, the district court failed to follow these procedures in this case. If, on remand, the court determines that Mr.

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.”

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. . . .

United States v. Nakia R. Francis and Stanley D. Crume

39 F.3d 803 · Court of Appeals for the Seventh Circuit · Nov 10, 1994

. § 3E1.1 is a factual determination, and will be overturned only if clearly erroneous. United States v. Robinson, 20 F.3d 270, 273 (7th Cir.1994). … It is well-established that the Federal Rules of Evidence do not apply to sentencing hearings. United States v.

Soto v. Dickey

744 F.2d 1260 · Court of Appeals for the Seventh Circuit · Sep 20, 1984

In the action for damages, the trial court held that a good faith immunity defense was available to defendants and declined to award damages to Soto. I. … Some of the findings leave out facts clearly established by credible, material and uncontradicted evidence.

Daniel Brosted v. Unum Life Insurance Company of America and Dreisilker Electric Motors, Inc. Group Long Term Disability Income Plan

421 F.3d 459 · Court of Appeals for the Seventh Circuit · Aug 26, 2005

After applying for benefits from Unum, Brosted spoke with a Unum representative, Molly Neylan, regarding the amount of benefits for which he qualified. … On appeal, Brosted also fails to argue that he satisfied the excusable neglect standard established by Rule 6(b).