Case law

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.

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. 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.

Cesar O. Garcia v. Dan Cromwell

Court of Appeals for the Seventh Circuit · Mar 11, 2022

The judge reasoned that the pleading re- quirement announced in Romero-Georgana was not clearly established under Wisconsin law and, in any event, was too enmeshed with the merits of the Strickland ineffectiveness inquiry … To adequately allege that ineffective assistance of postconvic- tion counsel qualifies as a “sufficient reason” to excuse a procedural default, a prisoner must allege why the claims he now wants to raise are “clearly stronger

UIU Severance Pay Trust Fund v. Local Union No. 18-U, United Steelworkers

998 F.2d 509 · Court of Appeals for the Seventh Circuit · Jul 9, 1993

If they are not permitted to seek recovery of mistaken contributions they may be less inclined to sponsor ERISA-qualified plans at all. … ERISA establishes only six civil .actions, 29 U.S.C. § 1132 (a)(1)-(6), none in favor of employers. .

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).

John Matthews v. Ernst Russ Steamship Company and M/v Tilly Russ, Etc.

603 F.2d 676 · Court of Appeals for the Seventh Circuit · Sep 18, 1979

Any Stevedore’s Omission Does not Immunize Defendants. … Defendants contend that it was not established that the second ladder belonged to the ship.

E360 Insight, Inc. v. Spamhaus Project

658 F.3d 637 · Court of Appeals for the Seventh Circuit · Sep 2, 2011

Substantively, the court concluded that Exhibit 5(a) was inadmissible under Federal Rule of Evidence 702 because Linhardt, who prepared the exhibit, lacked “expertise necessary to establish the foundational basis for admissibility … Even if Linhardt had been qualified to offer testimony on these matters, the district court explained, his testi- mony was inherently unreliable.

Ceta v. Ashcroft

117 F. App'x 478 · Court of Appeals for the Seventh Circuit · Dec 2, 2004

As a result, the IJ concluded that Ceta had not established past persecution or a well-founded fear of future persecution. … But the only authority the government cites for this position is 8 C.F.R. § 1240.8 (c), which places on an alien seeking admission the burden of establishing “clearly and beyond a doubt” that he has a right to enter the United

Dandan, Nabil R. v. Ashcroft, John

Court of Appeals for the Seventh Circuit · Aug 11, 2003

To qualify for this discretionary waiver, an alien needed to establish that he had been present in the United States for seven years prior to the filing of his application and that his deportation would result in extreme … hardship to himself or to a qualifying relative.

United States v. Courtland

642 F.3d 545 · Court of Appeals for the Seventh Circuit · Apr 27, 2011

The district court’s sentencing decisions were clearly informed by its concern about the inadequacy of the guidelines and the factors it believed were important but ignored. … Here, the court clearly indicated that the circumstances of the crime justify an above-guidelines sentence.

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.

Evanston Community Consolidated School District Number 65 v. Michael M. And Christine M., Parents of John M., John M., by His Parents and Next Friends, Michael M. And Christine M. v. Evanston Community Consolidated School District Number 65 and Dr. Hardy Ray Murphy, Its Superintendent, Sued in His Official Capacity

356 F.3d 798 · Court of Appeals for the Seventh Circuit · Feb 2, 2004

School District contends that the hearing examiner's findings that the school had provided "an exemplary, inclusive education program" were supported by a preponderance of the evidence. 16 Compensatory services are well-established … A FAPE, surely, is an education provided by qualified personnel. In fact, specifically as to occupational therapy, 34 C.F.R. § 300.24 (b)(5)(I) refers to "services provided by a qualified occupational therapist."

Allied Paper Mills v. Federal Trade Commission

168 F.2d 600 · Court of Appeals for the Seventh Circuit · Jun 11, 1948

Clearly, our appellate function does not involve the sort of review that the petitioners seek of this evidence. … A., which was terminated May 27, 1983, granted immunity during its existence for the activities charged herein. 2 References to “petitioners” hereafter do mot include Consolidated unless it is specifically so stated.

Mary Davis, Cross-Appellant v. Joseph A. Califano, Secretary of Health, Education and Welfare, Cross-Appellee

603 F.2d 618 · Court of Appeals for the Seventh Circuit · Jul 25, 1979

There are two methods for qualifying for widow’s insurance benefits. … The June 15, 1938 decree of “divorce from bed and board” or a divorce a mensa et thoro is granted at the discretion of the court and is clearly not considered to be a final and absolute divorce (section 36-802 T.C.A.).

William Finch v. Lynn L. Chapman, M.A.C.M., and United States of America

991 F.2d 799 · Court of Appeals for the Seventh Circuit · May 21, 1993

In essence the district court granted Kopenhafer qualified immunity. 11 On February 13, 1991, the district court entered a final appealable judgment as to all claims and all parties. … Qualified immunity. 15 The parties do not dispute that Chapman merits qualified immunity only where a reasonable person could have believed that her actions were lawful in light of clearly established law and the information

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.”

Morarji Desai v. Seymour Hersh

954 F.2d 1408 · Court of Appeals for the Seventh Circuit · Mar 26, 1992

However, although the extension of the Illinois Reporter’s Privilege to Hersh is determined by state law, the collateral effects of invoking this privilege (or any privilege, for that matter) during a federal trial are not immune … A review of the record clearly indicated that Hersh researched his book while writing a series for the New York Times Magazine on the CIA’s relations with Libya.

United States v. Ramiro Magana

118 F.3d 1173 · Court of Appeals for the Seventh Circuit · Aug 27, 1997

While we observed that “[m]iddlemen are not, of course, immune from application of § 3B1.1,” id. (citation omitted), we concluded that “middleman status alone cannot support [an enhancement under § 3B1.1],” id. at 1382. … This ruling, which Defendants do not challenge, was clearly proper. See United States v.