Case law

American Needle, Incorporated v. National Football League

Court of Appeals for the Seventh Circuit · Aug 18, 2008

Independence Tube Corp., 467 U.S. 752 (1984), and its progeny, they were immune from liability under § 1. … And in its order rejecting American Needle’s second Rule 56(f) motion, the court clearly explained that further discovery was unnecessary because “the facts that materially [bore] upon the [court’s] decision[ ] [were] undisputed

Adil Zulbeari v. Immigration and Naturalization Service

963 F.2d 999 · Court of Appeals for the Seventh Circuit · May 12, 1992

The Immigration Judge denied his request, holding that Zulbeari did not establish that he has a well-founded fear of persecution if he returns to Yugoslavia. … Section 208 of the Immigration and Nationality Act, 8 U.S.C. § 1158 , provides for discretionary grants of asylum to persons who qualify as refugees under section 101(a)(42)(A) “because of persecution or a well-founded fear

Killian v. Concert Health Plan

680 F.3d 749 · Court of Appeals for the Seventh Circuit · Apr 19, 2012

Additionally, employees were admonished that, “[t]o confirm that Your Hospital, Qualified Treatment Facility, Qualified Practitioner or other provider is a CURRENT participant in Your SELECT provider Network, You must call … The plan documents clearly and unambiguously state the name of Susan’s network.

United States v. Presse D. Mathews, Jr.

453 F.3d 830 · Court of Appeals for the Seventh Circuit · Jul 7, 2006

These decisions also establish that, for state statutes that are “divisible” in the way we just have described, a sentencing court may examine a limited range of additional material in order to determine which portion of … The Court thus announced a "categorical approach” to qualifying predicate felonies under the ACCA.

Tadesse v. Gonzales

492 F.3d 905 · Court of Appeals for the Seventh Circuit · Jul 9, 2007

And there’s nothing in this affidavit that leads me to conclude that this professor, while certainly well qualified and, you know, knowledgeable of the situation in Ethiopia, I don’t see anything here that would qualify him … The IJ tossed aside this explanation, calling it “highly dubious given that the respondent did not clearly explain why the entire Eritrean community of Italy thought she was a spy.”

United States v. Louis Moschiano and Robert Fred Bishop, in Re Stephen M. Komie

695 F.2d 236 · Court of Appeals for the Seventh Circuit · Nov 29, 1982

A motion for severance is committed to the sound discretion of the district court, whose decision will be set aside only if the discretion was clearly abused. Opper v. … Respondent Komie then commenced his cross-examination, establishing that in the course of his contacts with Moschiano, Agent Kazmar had never met or heard of defendant Bishop.

United States v. Angelo Martellano

675 F.2d 940 · Court of Appeals for the Seventh Circuit · Apr 20, 1982

Moos, after immunization, testified that after the agent lost the bet, Moos was given the money by the agent to give to the defendant, which he did. … Not only the preliminary questions may be important to the context, but there may be a qualifying colloquy which followed the question and answer in issue. United States v. Tonelli, 577 F.2d 194, 197 (3rd Cir. 1978).

United States v. Joseph Kidding and Earl Brown

560 F.2d 1303 · Court of Appeals for the Seventh Circuit · Oct 3, 1977

Accordingly, we do not think a defendant should be immune from any penalty attached to concealing a stolen trailer simply because he is being punished for concealing the stolen tractor to which the trailer was attached. … We, therefore, find that the interstate commerce element of the government’s case against defendant Kidding was satisfactorily established. B.

Iain Walker v. Norene Walker

701 F.3d 1110 · Court of Appeals for the Seventh Circuit · Nov 16, 2012

On Iain’s behalf, the lawyer asserted that “[t]he parties’ habitual residence is quite clearly Austra- lia,” and that Iain “would clearly be entitled to bring an Application under the Hague Convention to have the children … Apart from the letter, the district court’s remaining justifications are either clearly erroneous or irrelevant.

United States v. Brian A. Branch

195 F.3d 928 · Court of Appeals for the Seventh Circuit · Oct 28, 1999

Thus, we are convinced from the totality of evidence presented that it was clearly established that the substance Branch distributed was crack cocaine. See United States v. … The reasons for this deferential standard of review are well-established.

Derrick Hardaway v. Donald S. Young, Warden

302 F.3d 757 · Court of Appeals for the Seventh Circuit · Sep 11, 2002

of ... clearly established Federal law.’ ” Id. at 407-08 , 120 S.Ct. 1495 . … But there is no support in clearly established Supreme Court precedent for extending this isolated example to the Fifth Amendment context.

United States v. Orville S. Clavey

565 F.2d 111 · Court of Appeals for the Seventh Circuit · Oct 31, 1977

Schuetz, who testified against Clavey under a grant of immunity from prosecution. … The trial judge’s perfunctory answers were clearly inadequate responses to the jury’s inquiries. See United States v. Harris, 388 F.2d 373, 377 (7th Cir. 1967); United States v.

Sosebee v. Astrue

494 F.3d 583 · Court of Appeals for the Seventh Circuit · Jul 17, 2007

Sosebee’s new affidavit left no doubt that he qualified for fees: May 1, 2006 I George Sosebee declare that I am the plaintiff in this civil case for disability. … [and] pointed to evidence in the record that clearly establishes a manifest error of law or fact.” County of McHenry v. Ins.

Keach, Debra K. v. U.S. Trust Company

Court of Appeals for the Seventh Circuit · Aug 17, 2005

In establishing that there has been compliance with the statutory mandate, “[t]he degree to which a fiduciary makes an independent inquiry is critical.” Id. at 456. … Sage next contend that the district court clearly erred in concluding that the risks associated with MBC’s sweepstakes marketing were not material to the ESOP II transaction.

Subhash C. MALHOTRA, Plaintiff-Appellant, v. COTTER & COMPANY, Defendant-Appellee

885 F.2d 1305 · Court of Appeals for the Seventh Circuit · Sep 12, 1989

Okure, — U.S. -, 109 S.Ct. 573 , 102 L.Ed.2d 594 (1989)) — which adopted state personal-injury statutes of limitations for use in section 1983 suits and clearly presaged Goodman — retroactively, because of clear precedent … In a setting of alleged discrimination, ordinarily this will be because the plaintiff had no reason to believe he was a victim of discrimination until a series of adverse actions established a visible pattern of discriminatory

Pens. Plan Guide P 23918h Linda Ramsey v. Hercules Incorporated and Provident Life and Accident Insurance Company

77 F.3d 199 · Court of Appeals for the Seventh Circuit · Feb 29, 1996

Firestone established the basic framework for the standard of review, but as we pointed out in Petrilli v. … its result in the facial similarity between factual determinations of a plan administrator and findings of fact made by a district court or an administrative agency, noting that the latter are normally reviewed under a clearly

Nanette Tucker v. City of Chicago

Court of Appeals for the Seventh Circuit · Oct 19, 2018

Her amended complaint makes no attempt to establish the inadequacy of that avenue of redress. … And because we agree with the district court that Tucker failed to plead any plausible due process violation, it is unnecessary to reach the district court’s decision regarding Campbell’s qualified immunity defense. 14

Argyropoulos v. City of Alton

Court of Appeals for the Seventh Circuit · Aug 26, 2008

Argyropoulos’s sexual harassment complaint clearly constitutes a statutorily protected activity, and her termi- nation qualifies as a materially adverse action. … Co., 276 F.3d 345, 359 (7th Cir. 2002) (“[A]n employee’s complaint of harassment does not immunize her from being subse- quently disciplined or terminated for inappropriate workplace behavior.”).

Estate of Harold Stuller v. United States

811 F.3d 890 · Court of Appeals for the Seventh Circuit · Jan 26, 2016

A witness may be qualified as an expert through “knowledge, skill, experience, training, or education.” Fed. R. Evid. 702. … Stuller argued that having around thirty horses on a farm clearly showed that it was a business, not a hobby.

United States v. Lupton

620 F.3d 790 · Court of Appeals for the Seventh Circuit · Sep 1, 2010

With respect to Count I, he argues that the evidence did not establish that he was an “agent” for purposes of 18 U.S.C. § 666, the statute under which he was convicted. … that district court did not clearly err in concluding that both of Lupton’s statements filled the materiality bill.