Case law

Deborah J. Anetsberger, Margaret H. Lepine and Joseph A. Ryan v. Metropolitan Life Insurance Company

14 F.3d 1226 · Court of Appeals for the Seventh Circuit · Jan 28, 1994

Both cases, however, are clearly distinguishable from the instant case. … beneficiaries for at least eighteen months after a "qualifying event” and *1229 notice to the employee.

Paul Chaim Shlomo Fischer v. Magyar Allamvasutak Zrt.

Court of Appeals for the Seventh Circuit · Jun 13, 2018

appeals an order denying a motion to reopen an action he and  other Hungarian Jews brought against an instrumentality of  the  Hungarian  government,  the  national  railway,  under  an  exception to the Foreign Sovereign Immunities … Our  2015  opinion  also  took  care  to  qualify  the  bounds  of  the  exhaustion  mandate:  “If  plaintiffs  attempt  to  bring  suit  in  Hungary and are blocked arbitrarily or unreasonably, United  States courts could

Mungai v. Illinois Department of Human Services

42 F. App'x 884 · Court of Appeals for the Seventh Circuit · Jul 29, 2002

Id.; “The fact that an individual may have been qualified in the past does not mean that he is qualified at a later time.” Karazanos v. Navistar International Transp. … These instances indicate quite clearly that Mungai was not meeting his employers legitimate performance expectations, and Mungai’s reference to an “employee of the month award” given by an unknown entity using unknown criteria

Dr. Franklin Perkins School v. Freeman

741 F.2d 1503 · Court of Appeals for the Seventh Circuit · Aug 14, 1984

This rationale is clearly inapplicable to the present case since it assumes that the party had full knowledge of the charges while he used the service. … On appeal the School asserts that it has statutory immunity from tort liability in excess of $20,000 under Massachusetts law since it is a charitable corporation. See Mass.Gen. Laws ch. 231, § 85K.

Lynch v. Illinois State Board of Elections

682 F.2d 93 · Court of Appeals for the Seventh Circuit · Jul 6, 1982

Section 3-2-7 must be read with reference to the new Illinois Election Code, which establishes a consolidated schedule of elections. Ill.Rev.Stat. ch. 46, § 2A-1.2 (1980). … Rodriguez and Valenti clearly show that section 3-2-7 is not constitutionally infirm.

Fraternal Order of Police, Illinois State Troopers, Lodge No. 41, Petitioner v. Commissioner of Internal Revenue

833 F.2d 717 · Court of Appeals for the Seventh Circuit · Dec 15, 1987

Both parties also agree with the rule that the “royalties” which are immune from tax are those which constitute passive income, “such as the compensation paid by a licensee to the licensor for the use of the licensor’s patented … The record below establishes that, through it’s agreements with OSC, FOP had the final authority over the editorial content of each issue of The Trooper, could appoint the magazine’s executive editor, could prepare the editorials

United States v. Richard A. Gardner

860 F.2d 1391 · Court of Appeals for the Seventh Circuit · Oct 26, 1988

The jury found that Gardner did intend the black boxes to be used illegally; thus, he clearly does not qualify as an innocent and inadvertent facilitator of an illegal transaction. … Clearly, “intent” is the focal point for determining whether § 553 has been violated. Our decision in ON/TV of Chicago also does not support Gardner’s arguments.

United States v. Wrightwood Dairy Co.

127 F.2d 907 · Court of Appeals for the Seventh Circuit · May 4, 1942

In Labor Board Proceedings, the test of a hearing is whether the issues are clearly defined. National Labor Relations Board v. Mackay Radio, etc., 304 U.S. 333 , 58 S.Ct. 904 , 82 L.Ed. 1381 . … The second alleged infirmity is that the Secretary did not invite all the qualified producers to participate in the referendum.

Jordan, Juanita v. Thompson, Donald L.

Court of Appeals for the Seventh Circuit · Jan 28, 2005

Indeed, Jordan has failed to establish that she was even as qualified as Carey for the position, much less “so superior” a candidate that the only reason for the denial of the promotion was discriminatory in nature. … Thus, because the evidence in the record clearly establishes the fact that Parker is a member of the same protected No. 03-3772 15 class, and that Carey was not a similarly

Picco v. General Electric Co.

114 F. App'x 227 · Court of Appeals for the Seventh Circuit · Oct 27, 2004

The district court dismissed the Arbitrator and the AAA on the basis of arbitral immunity and ultimately granted summary judgment to GE. Picco appeals. … We are not sure that Indiana has clearly established such a rule; in the case cited by the district court mentioning fraud on the face of the document, the Court of Appeals of Indiana might have merely been summarizing a

Ahmad Khorrami v. Michael Rolince

713 F. App'x 494 · Court of Appeals for the Seventh Circuit · Oct 2, 2017

Rolince had sought to dismiss Khorrami’s Bivens claim based on qualified immunity in an interlocutory appeal to this court, but we held that based on the complaint’s allegations it was premature to decide the issue of qualified … immunity at that early stage.

Doiakah Gray v. Marcus Hardy

Court of Appeals for the Seventh Circuit · Mar 12, 2010

The trial court rejected all three claims, concluding that Gray clearly qualified for the extended-term sen- tence and that his counsel’s failure to challenge the sen- tence under Apprendi did not constitute deficient perfor … Under Illinois law, the state argues, the facts of this murder clearly qualified Gray for an extended-term sentence and, thus, the trial court’s determination of the matter as opposed to a jury was harmless.

Independent Employees' Union of Hillshire Farm Company, Inc., and Lydia Tratz v. Hillshire Farm Company, Inc.

826 F.2d 530 · Court of Appeals for the Seventh Circuit · Jul 29, 1987

He then held: If the Union can establish that an overtime violation occurred as a result of an intent to violate the agreement, as opposed to an error or mistake, the Company should be compelled to compensate the aggrieved … who are qualified by training and/or experience to perform the available work.”

United States v. Maurice Vaughn

722 F.3d 918 · Court of Appeals for the Seventh Circuit · Jul 3, 2013

Offenses that do not meet the requirements of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are “sufficiently connected or related to each other as to warrant … The jury accepted Ford’s testimony, which clearly established Vaughn’s supervisory role, and the district court appro- 6 In Weaver, we explained that “[a]lthough Note 4 offered these factors to distinguish between organizer

United States v. Johnny Edward Hodge, Linda S. Jones and James A. Herrin

594 F.2d 1163 · Court of Appeals for the Seventh Circuit · Mar 28, 1979

Linda Jones simply established her presence at the apartment at the time of the search, but she failed to establish her “legitimate” presence there. … However the court qualified this holding with the significant words “without some justification or explanation.”

Bluestein v. Central Wisconsin Anesthesiology, S.C.

769 F.3d 944 · Court of Appeals for the Seventh Circuit · Oct 15, 2014

The court found that it was unreasonable for Bluestein to think that she could prevail on “clearly frivolous claims of discrimination” because she should have known she was not an “employee” of Central Wisconsin and because … individual” under the ADA and instead failed to acknowledge her admission to her fellow shareholders that she was unable to meet the physical demands of practicing anesthesia; (6) that she did not establish that the extended

Federal Trade Commission v. Amy Travel Service, Inc., Resort Performance, Inc., Resort Telemarketing, Inc., Thomas P. McCann Ii, and James F. Weiland

875 F.2d 564 · Court of Appeals for the Seventh Circuit · May 5, 1989

The customer must “qualify” for the offer by answering yes to a few simple questions. … AT THAT PRICE, I’M SURE YOU’D LIKE TO GO, HOWEVER, I DO HAVE TO ASK SOME QUALIFYING ?S FIRST. PROBABLE QUESTIONS: (1) WHY SO CHEAP? (2) WHAT’S THE CATCH? (3) WHAT DO I DO TO QUALIFY?

United States v. Andrew Joseph Schaack

466 F.2d 762 · Court of Appeals for the Seventh Circuit · Oct 10, 1972

How to achieve the appropriate balance in serving these vital national interests clearly called for legislative expertise. … We think that, for the reasons, given, it was clearly within the political function of Congress to require that a person serve eighteen months in the armed forces of a foreign ally in order to qualify for the exemption under

Ellen Schneider, Eugene Schneider, David Sleight v. Usa, Clayton K. Yeutter, Neal Sox Johnson

936 F.2d 956 · Court of Appeals for the Seventh Circuit · Jul 10, 1991

ANALYSIS The Federal Tort Claims Act (“FTCA”) is a limited waiver of sovereign immunity that permits an injured claimant to recover damages from the United States “for injury or loss of property, or personal injury or death … Thus, the plaintiffs’ potential claims under Wisconsin’s Good Samaritan doctrine are clearly barred by the misrepresentation exception. IV.

Interstate Commerce Commission v. Mr. B's Services, Limited, Doing Business as Caddy Cab, Bobbie Wilson and Marlo Wilson

934 F.2d 117 · Court of Appeals for the Seventh Circuit · Jun 6, 1991

The court believed “equally compelling arguments” supported a finding that Caddy Cab’s operations were clearly a “taxicab service” when performing services in the Janesville-Beloit-South Beloit area. Id. at 6 . … The methodology that we must employ is well established. We begin by examining the language of the statute itself.