Case law

United States v. Claudius Fincher

Court of Appeals for the Seventh Circuit · Jul 9, 2019

During the early stages of this case, it appeared Fincher might qualify for safety‐valve relief because he had no crimi‐ nal history. … The Supreme Court established in Apprendi that the Sixth Amendment and the Due Process Clause of the Fifth Amend‐ ment, taken together, “indisputably entitle a criminal defend‐ ant to ‘a jury determination that [he] is guilty

Ferguson v. Barnhart

67 F. App'x 360 · Court of Appeals for the Seventh Circuit · May 29, 2003

In any event, the ALJ failed to make the requisite disclosures under Binion. 5 Thus, Ferguson’s waiver of representation was clearly invalid. B. … See, e.g., Binion, 13 F.3d at 245 (outlining the ALJ’s actions in Binion , which did qualify as “full and fair development” of the record).

Trustmark Insurance Company v. General & Cologne Life Re of America, Formerly Known as Cologne Life Reinsurance Company

424 F.3d 542 · Court of Appeals for the Seventh Circuit · Sep 13, 2005

plaintiff would have to establish to survive summary judgment. … Clearly, Perkins’s testimony does not provide, as Trustmark argues, an unconditional commitment to a percentage.

Bennett v. Gaetz

592 F.3d 786 · Court of Appeals for the Seventh Circuit · Jan 21, 2010

Fortunately, Bennett’s July 21 motion, titled “Motion to Reconsider or in the Alternative Motion for Leave to File Notice of Appeal and Request for Leave to Appeal in Forma Pauperis,” qualified as a timely notice of appeal … We may grant habeas relief only if the Illinois courts’ adjudication of Bennett’s claim “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of

Laning v. National Ribbon & Carbon Paper Mfg. Co.

125 F.2d 565 · Court of Appeals for the Seventh Circuit · Feb 20, 1942

patent laws, of which only the federal courts have jurisdiction, 28 U.S.C.A. § 371 (5), from cases which do not so arise but merely involve a question of patent law, of which the state' courts have jurisdiction, is not as clearly … In answer to the contention that later cases had qualified the rule in the Wilson case, the court replied that later cases did not affect: “the principle, laid down in Wilson v.

Michelle Johnson v. Togo West, Jr., Secretary of Veterans Affairs

218 F.3d 725 · Court of Appeals for the Seventh Circuit · Jul 5, 2000

That burden requires the employer to establish two points, not just one. … Johnson does not point to anything to suggest these findings are clearly erroneous.

Nicosia, Michael v. Yellow Freight Syste

Court of Appeals for the Seventh Circuit · Jun 12, 2001

After reviewing the record and considering Nicosia’s poor attendance record, we are convinced that Nicosia was unable to, and failed to, satisfy his burden of establishing that he is a "qualified individual" under the ADA … The question at the deposition clearly invited Nicosia to list anyone else whom he had told about the EEOC complaint.

United States v. Brandon

593 F. App'x 553 · Court of Appeals for the Seventh Circuit · Nov 25, 2014

California, 496 U.S. 128, 133-34 , 133 n. 5, 110 S.Ct. 2301 , 110 L.Ed.2d 112 (1990) (clarifying that the observation of an article in plain view does not qualify as a search). … Brandon’s final argument, that O’Donovan falsely promised either immunity or leniency to Brandon if he turned over a gun to the officers, borders on frivolous.

Welsh v. Boy Scouts Of America

993 F.2d 1267 · Court of Appeals for the Seventh Circuit · May 17, 1993

The statute clearly governs only an entity that: (1) "serves the public" and (2) may be classified as an "establishment," "place," or "facility." … Yet the majority is clearly swimming upstream in suggesting that an organization of five million people in the United States alone may qualify as a private club.

United States Ex Rel. Feeley v. Ragen

166 F.2d 976 · Court of Appeals for the Seventh Circuit · Mar 1, 1948

We shall put that question to one side, as the record clearly shows that on his trial the relator was represented by counsel of his own choice. … Petitions challenging the competency of counsel, especially years after the conviction, must clearly allege such a factual situation which if established by competent evidence would show the representation of counsel was

Louvenia Hall v. Bodine Electric Company

276 F.3d 345 · Court of Appeals for the Seventh Circuit · Jan 8, 2002

Absent an entrustment of at least some of this authority, an employee does not qualify as a supervisor for purposes [of] imputing liability to the employer. Id. at 1034 . … While Title VII protects victims of sexual harassment from being terminated in retaliation for reporting harassment, an employee’s complaint of harassment does not immunize her from being subsequently disciplined or terminated

Edward Raybourne v. CIGNA Life Insurance Company o

Court of Appeals for the Seventh Circuit · Aug 6, 2009

In June 2005—six months before the end of Raybourne’s initial 24-month period—Cigna began to investigate whether he qualified for further benefits under the more stringent standard. … Sage’s report did not establish that Raybourne was incapable of performing all work. The manager concluded that Raybourne’s new evidence was insufficient to overcome the conclusions of Drs.

Naumburg v. City of Milwaukee

146 F. 641 · Court of Appeals for the Seventh Circuit · Apr 10, 1906

The -rule by which this question is to be decided has been clearly stated in Maxmilian v. Mayor, 62 N. Y. 160, 20 Am. … duty is enjoined in consideration of the privileges and immunities which the act of incorporation confers and secures.

Federal Savings and Loan Insurance Corporation v. Jeseph Geisen, Allan Douglass, Raleigh Steuber and Lewis Waxman, Joseph Geisen Prosecutes Appeal No. 15967 Allan Douglass, Appeal No. 15964 Raleigh Steuber, Appeal No. 15965 and Lewis Waxman, Appeal No. 15966. Federal Savings and Loan Insurance Corporation, and Cross-Appellant v. Joseph Geisen, Allan Douglass, Raleigh Steuber and Lewis Waxman, and Cross-Appellees

392 F.2d 900 · Court of Appeals for the Seventh Circuit · Mar 7, 1968

Neither bad motive nor desire for personal gain is required to establish a knowing violation of a statute such as that here involved. Corsicana National Bank v. … Although reliance upon advice of counsel is an evidentiary factor which may be shown as tending to establish the existence of good faith (Uffelman v.

Vanessa Robertson v. Wisconsin Department of Health

949 F.3d 371 · Court of Appeals for the Seventh Circuit · Feb 7, 2020

Robertson does not have direct evidence establishing causation. … “‘[U]nless [the competing qualifications] are so favor- able to the plaintiff that there can be no dispute among rea- sonable persons of impartial judgment that the plaintiff was clearly better qualified for the position

Graber v. Clarke

763 F.3d 888 · Court of Appeals for the Seventh Circuit · Aug 18, 2014

As to issues of fact, this court defers to a district court’s findings and will uphold such findings unless clearly erroneous. Id. … The district court found that Graber’s suspension was not a result of his speech on June 25, 2010, and so could not qualify as an adverse employment action for retaliation purposes.

Owen Laboratories, Inc. v. Carl A. Schroeder, Postmaster, Chicago, Illinois

284 F.2d 445 · Court of Appeals for the Seventh Circuit · Nov 28, 1960

Consequently fraud under the mail statutes is not established merely by proving that an incorrect statement was made. … Pinkus with reference to the limitation of cross-examination and its further comment emphasizing “the importance of limiting Postoffice Department orders to instances where actual fraud is clearly proved” (id., 338 U.S. at

Curtis Sauzek and Julian Koski v. Exxon Coal Usa, Inc.

202 F.3d 913 · Court of Appeals for the Seventh Circuit · Feb 2, 2000

At this meeting, the committee established guidelines to evaluate candidates for available jobs at the newly-restructured Exxon. … Plaintiffs did not file their second EEOC charge until more than one year after Exxon refused to rehire them and therefore clearly exceeded . the ADEA’s 300 day limitation period. 3 D.

Donald G. Adams v. Daniel Walker, A/K/A Dan Walker, Individually and as Governor of the State of Illinois

492 F.2d 1003 · Court of Appeals for the Seventh Circuit · Feb 25, 1974

And if the plaintiffs establish a violation of Federal constitutional rights and entitlement to relief under the Federal civil rights acts, the Wyoming Constitution may not immunize the defendants and override the Federal … Therefore, if a violation of Federal constitutional rights is established by plaintiffs, the immunity under the Eleventh Amendment and the Wyoming Constitution would not bar injunctive or declaratory relief against the defendants

Rowe v. DeBruyn

17 F.3d 1047 · Court of Appeals for the Seventh Circuit · Mar 2, 1994

First, we find no precedent establishing a constitutional right of self-defense in the criminal law context, see White v. … Furthermore, even a substantive due process right that has been clearly established in Fourteenth Amendment criminal jurisprudence may not necessarily apply to prison inmates in disciplinary proceedings.