Case law

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.

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.

Anthony G. Scariano v. Justices of the Supreme Court of the State of Indiana and Members of the State Board of Law Examiners of the State of Indiana

38 F.3d 920 · Court of Appeals for the Seventh Circuit · Oct 26, 1994

Scariano may in fact be more qualified than others (with smaller out-of-state practices) who have gained admission under the predominant practice requirement. This circumstance, however, is not dispositive. … The rule also clearly imposes differential burdens on attorneys practicing more out of state than in state: only the out-of-state group is. asked to take the bar exam.

Patterson Frozen Foods, Inc. v. Crown Foods International, Inc., a Corporation F/k/a Crown Food-Service Group, Inc., and Philip H. Eckert

307 F.3d 666 · Court of Appeals for the Seventh Circuit · Oct 15, 2002

Neither Greg Orchards nor any other prior decision we have found clearly establishes exactly what is necessary to create a “written agreement” for purposes of PACA. … To the extent the district court found otherwise, its determinations were based on a view of the law that we have rejected and as such are clearly erroneous.

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.

Briscoe, Katherine v. Barnhart, Jo Anne

Court of Appeals for the Seventh Circuit · Sep 23, 2005

Abramson believed that the only way to establish an onset date would be to review the objective data from treatment tests conducted during the qualifying time period (that is, from the claimant’s alleged onset date until … Apfel, 226 F.3d 809, 811 (7th Cir. 2003), they are not immune from review.

Lohorn v. Michal

913 F.2d 327 · Court of Appeals for the Seventh Circuit · Aug 30, 1990

Lohorn submits that, because Indiana has adopted a statutory home rule system under which Crawfordsville qualifies as a home rule unit (municipality), section 36-8-3-4 does not apply to it. … the establishing law incorporates those provisions).

United States v. Peter Elliot West

962 F.2d 1243 · Court of Appeals for the Seventh Circuit · Apr 29, 1992

That was an opinion on a subject that was clearly relevant to the merits of West’s defense. … In any event, under Rule 704(b) that was clearly for the jury, not Dr. Jeckel or the court, to decide.

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.

Jhonathon D. White v. Stewart Smith

917 F.2d 1306 · Court of Appeals for the Seventh Circuit · Nov 2, 1990

Based on this information, we find that the district court's conclusion of qualified immunity was not clearly erroneous, see Hughes v. … Sec. 1983 for malicious prosecution, the cloak of qualified immunity protects Smith from this claim as well. Cf. Schertz v.

United States v. Kareem A. Nagib

56 F.3d 798 · Court of Appeals for the Seventh Circuit · Jun 6, 1995

Filing the wrong papers or a non-existent motion under federal practice clearly qualifies as deficient attorney performance. … In sum, Dumont’s statements clearly indicated his involvement in a conspiracy and the likelihood of a managerial or supervisory role.

Havoco Of America, Ltd. v. Hollobow

702 F.2d 643 · Court of Appeals for the Seventh Circuit · Mar 11, 1983

The materials thus establish that defendants were acting in a manner reasonably related to the protection of their economic interests. … Clearly, however, the SEC did not issue any such order.

United States v. Arthur J. Turchen, Also Known as Arturo and R2ro

187 F.3d 735 · Court of Appeals for the Seventh Circuit · Aug 11, 1999

We hold that the district court’s factual findings that the image depicted “sadistic or masochistic conduct” were certainly not clearly erroneous. Mr. … Turchen attempts to distinguish between the act of defecating on a victim, which he concedes would qualify as excessively cruel, and the act of urinating on a victim, which he claims is not excessively cruel.

Freeman United Coal Mining Company v. Director, Office Of Workers' Compensation Programs

94 F.3d 384 · Court of Appeals for the Seventh Circuit · Oct 1, 1996

Tasky had failed to establish that he was totally disabled by pneumoconiosis. The deputy commissioner informed Mr. Tasky of the denial in a March 31 letter, which clearly stated that if Mr. … Tasky had qualified for benefits on his 1981 claim, Mrs. Tasky became entitled to those same benefits as a matter of course. See 20 C.F.R. §§ 718.1 (a), 725.212.

Mil-Mar Shoe Company, Incorporated v. Shonac Corporation

75 F.3d 1153 · Court of Appeals for the Seventh Circuit · Feb 2, 1996

However, no principle of trademark *1159 law mandates that only the primary definition of a word can qualify as generic. … The district court clearly erred when it found that “Warehouse Shoes” was not generic. III.

Minnesota Mining And Manufacturing Company v. Technical Tape Corp.

309 F.2d 55 · Court of Appeals for the Seventh Circuit · Oct 17, 1962

The scope of our review of such findings is limited to a determination of whether or not they are 'clearly erroneous'. Armour & Co. v. Wilson & Co., 7 Cir., 274 F.2d 143, 156 . … It is to be decided by the trial court and that court's decision, under general principles of appellate review, should not be disturbed unless clearly erroneous.

United States v. Larry W. Smith, James M. Shepherd, Ernesto M. Sanchez, and Benjamin R. Shepherd III

80 F.3d 215 · Court of Appeals for the Seventh Circuit · Apr 2, 1996

This evidence is sufficient to establish “carrying” (though it does not compel such a finding) because the government need not establish that the carrying was “in furtherance” of the drug-trafficking offense. See H.Rep. … The district court’s denial of a reduction in Smith’s offense level was not clearly erroneous. V.

United States v. Roosevelt Oliver

505 F.2d 301 · Court of Appeals for the Seventh Circuit · Oct 31, 1974

Apart from Oliver’s admissions as to these facts, there is little in the record to establish what Oliver’s cash position was. … The Court’s holding that use immunity was not required because there was an insufficient correlation between a statutory requirement that a driver report his involvement in an accident and the possible criminal prosecution

Freeman Coal Mining Company, a Division of Material Service Corporation v. Interior Board of Mine Operations Appeals

504 F.2d 741 · Court of Appeals for the Seventh Circuit · Oct 22, 1974

The record establishes the following facts concerning float coal dust. … With the mine in operation, the chance of some ignition was clearly increased.

Fischer, Barbara v. Avanade

Court of Appeals for the Seventh Circuit · Mar 14, 2008

A fail- ure to promote claim can be established through either the direct method of proof or the indirect burden-shifting method established in McDonnell Douglas Corp. v. … better qualified for the position at issue.”