Case law
Opinions from 1658 to today.
9,632 results
2.76s
United States v. Cynthia Johnson
927 F.2d 999 · Court of Appeals for the Seventh Circuit · Mar 20, 1991
The statement was hearsay and must qualify under Rule 801(d)(2)(E) to be admitted against Johnson. … We review a district court’s findings that the requirements of Rule 801(d)(2)(E) were met under a clearly erroneous standard. United States v.
Cited 30 timesPublishedUnited States v. Eugene Robinson
470 F.2d 121 · Court of Appeals for the Seventh Circuit · Nov 2, 1972
We believe even if Wood was eliminated from the scheme, Eigland would qualify as an un-indicted conspirator with defendant Robinson. … We hold that in this case the evidence clearly established a conspiracy for it was shown by the government that Robinson and his pals came to a *124 mutual understanding to accomplish unlawful acts.
Cited 13 timesPublishedUnited 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.
Cited 11 timesPublished826 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.”
Cited 15 timesPublishedBluestein 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
Cited 30 timesPublished895 F.2d 1178 · Court of Appeals for the Seventh Circuit · Feb 21, 1990
Tholl argues that he qualified as a “minor participant” because only two participants, he and his brother, were involved in the *1186 DEA impersonation scheme, and because the district court had found that Mr. … We note, however, that the lack of an express provision permanently immunizing funds from use as general revenue did not prevent the Supreme Court from upholding other legislation against origination clause challenges.
Cited 35 timesPublishedElla Metcalf, Etc. v. Harold O. Swank, Etc.
444 F.2d 1353 · Court of Appeals for the Seventh Circuit · Jul 1, 1971
Long before Monroe , the rule was established that state judicial remedies normally need not be exhausted before relief is sought in the federal courts whether under the Civil Rights Act or otherwise. Bacon v. … However, each involved circumstances making it clearly distinguishable from the instant case.
Vacated on other grounds by Metcalf v. Swank, 406 U.S. 914 (1972)Cited 25 timesPublished732 F.2d 1331 · Court of Appeals for the Seventh Circuit · Apr 25, 1984
In 1967 Gilbert-Hodgman established the Salaried Employees’ Profit Sharing Plan and Trust. When ERISA was enacted the Plan qualified as an “employee benefit plan” within the meaning of the Act. … In his brief, Briody claims that Hodgman informed him that he would not be a trustee until the Plan was qualified by the IRS.
Cited 41 timesPublishedLeslie D. McPherson v. City of Waukegan
379 F.3d 430 · Court of Appeals for the Seventh Circuit · Aug 11, 2004
The undisputed facts establish that a hostile work environment did not result in McPherson’s constructive discharge. … The district court found that the City was immune under the Illinois Tort Immunity Act (ITIA), which provides that “a local public entity is empowered and directed to pay any tort judgment or settlement for compensatory damages
Cited 124 timesPublished756 F.2d 524 · Court of Appeals for the Seventh Circuit · Mar 4, 1985
We have no reason to find that Judge Leighton’s view of the memorandum was clearly erroneous. … Fairness requires that the qualified privilege not be allowed to mask discrimination when the overall policy behind the privilege is directed toward eliminating it.
Cited 177 timesPublishedUnited States v. Daniel K. Dunn, Sr.
961 F.2d 648 · Court of Appeals for the Seventh Circuit · Apr 9, 1992
Dunn told interested persons that an investment in PDI would be tax deductible because they would qualify as distributors of PDFs perlite. … Moreover, viewing the evidence in the light most favorable to the government, Alexander, 743 F.2d at 475 , we conclude that the evidence of Dunn’s numerous violations of the mail fraud statute was clearly sufficient.
Cited 37 timesPublishedJordan, 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
Cited 0 timesPublished934 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.
Cited 7 timesPublished986 F.2d 1110 · Court of Appeals for the Seventh Circuit · Mar 30, 1993
Second, Blinderman contends that the court's award of approximately $17,000 to Treat for its work on Change Order AD was clearly erroneous. … The court further found that Major Ayers was qualified to give opinion testimony under either Federal Rule of Evidence 701 6 or 702. 7 25 "The decision whether to admit evidence is a matter 'peculiarly within the competence
Cited 17 timesPublishedMichael Spencer v. Joe Pistorius
Court of Appeals for the Seventh Circuit · Mar 25, 2015
Moreover, these defendants argued, they are shielded by qualified immunity for all of their actions. … Beyond this, the court added, the undisputed evidence establishes that the two officers had acted reasonably and thus were entitled to qualified immunity.
Cited 0 timesUnpublishedTodd R. Chazen v. Matthew Marske
Court of Appeals for the Seventh Circuit · Sep 9, 2019
In these cir- cumstances, where the government has conceded that Mathis is retroactive and Chazen was so clearly foreclosed by the law 22 No. 18-3268 of his circuit of conviction … Nov. 2, 2017) (holding that a Mathis claim is not cognizable under § 2241 because Mathis applied established law rather than announcing a “new” rule).
Cited 0 timesPublished552 F.2d 1220 · Court of Appeals for the Seventh Circuit · Apr 4, 1977
Dulin, Chief Probation Officer of the Montgomery Circuit Court, were sued in their official capacities they did not qualify as “persons” against whom a civil rights action can be brought. … Our analysis of the Indiana statutes authorizing the granting of probation demonstrates, however, that the plaintiff is in this suit challenging the sentence of the trial court, clearly the proper subject matter for a habeas
Cited 63 timesPublishedUnited 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.”
Cited 19 timesPublished159 F. 73 · Court of Appeals for the Seventh Circuit · Nov 15, 1907
Upon the filing of the petition for an adjudication of bankruptcy against the corporation and service of process, jurisdiction over parties and subject-matter was established (Denver First National Bank v. Klug, 186 U. … the officer and hand of the court in performance of his duties, neither subject to the wishes or directions of the parties, nor dependent upon the result of the controversy for payment of expenses or services; and he is clearly
Cited 19 timesPublishedUnited States v. Carl D. Schaefer
299 F.2d 625 · Court of Appeals for the Seventh Circuit · Mar 16, 1962
Clearly it is only when the mails are used in employing the scheme that the scheme becomes a federal crime. The use of the mails need not be central to the scheme but may be entirely incidental, United States v. … an impregnable wall of defense. * * * To hold otherwise would be to say that no matter how violative of law a defendant’s conduct may be, and regardless of consciousness of wrongdoing on his part * * * the advice confers immunity
Cited 83 timesPublished
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