Case law

In Re V-I-D, Inc. Kelley, Glover & Vale, Inc. v. Kramer

198 F.2d 392 · Court of Appeals for the Seventh Circuit · Aug 28, 1952

The principal contention of the appellant is that, since the Home Bank and Trust Company was a foreign corporation which never qualified to do business in Indiana, and since the District Court found that the negotiation by … Section 2, art. 4, of the constitution of the United States, declares that ‘the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states.’ ” It is true that the factual

Brotherhood of Maintenance of Way Employees v. Interstate Commerce Commission

698 F.2d 315 · Court of Appeals for the Seventh Circuit · Jan 19, 1983

For a long time the Commission has clearly enunciated its view that those conditions are undesirable because anticompetitive, and that it will not continue to impose them routinely. 10 Indeed, in Rulemaking Concerning Traffic … Such agreements were thus shorn of the immunity *319 from the Antitrust laws derived from Commission approval. Ibid., 133. . Ibid., 115, 123. .

L. D. G. v. Eric Holder, Jr.

744 F.3d 1022 · Court of Appeals for the Seventh Circuit · Mar 12, 2014

U  Visas  are  not  automatically  granted  to  qualifying  noncitizens.  …   subject  of  the  earlier  one  and  is  clearly  intended  as  a  substitute.” 

Ambati, George R. v. INS

Court of Appeals for the Seventh Circuit · Dec 7, 2000

Ambati was required to demonstrate that he qualifies as a refugee. Congress has given the Attorney General discretion to grant asylum if an applicant qualifies as a refugee under 8 U.S.C. sec. 1101(a) (42)(A). … Second, the IJ clearly explained to Mr. Ambati his rights in the hearing and several times asked questions to clarify and elicit further testimony from him. See Michel v.

United States v. Joseph Yasak

884 F.2d 996 · Court of Appeals for the Seventh Circuit · Sep 6, 1989

Yasak was granted immunity in exchange for his testimony, but was warned that his immunity would not extend to a perjury prosecution. … If the government’s evidence were established, we would agree. 5 . Yasak also points out that the grand jury questioning referred to an "ongoing relationship” while the information did not.

Dennis Hohol v. Cathy Jess

Court of Appeals for the Seventh Circuit · Mar 24, 2011

 immunity because their conduct (enforcing a prison policy placing monetary limits on personal property) was not clearly unconstitutional.  … In any event, the district court properly determined in the alternative that the Defendants are protected by qualified immunity in that their conduct did not violate a “clearly established” constitutional right. 

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.

McDougall v. PIONEER RANCH LTD. PARTNERSHIP

494 F.3d 571 · Court of Appeals for the Seventh Circuit · Jul 12, 2007

Slotky, 956 F.2d 1369, 1373-74 (7th Cir.1992), this Court held that the clearly erroneous standard of review applies when the only issue before the district court is the characterization of undisputed subsidiary facts and … Additionally, “a sporadic activity, a hobby, or an amusement diversion does not qualify.” Groetzinger, 480 U.S. at 35 , 107 S.Ct. 980 .

Marina Koval and Valeriy Vagil v. Alberto R. Gonzales, United States Attorney General

418 F.3d 798 · Court of Appeals for the Seventh Circuit · Aug 16, 2005

Koval to an impermissibly high standard for establishing persecution. … Vagil credibly testified to such a situation, but the IJ refused to permit them to develop the point with testimony that was clearly relevant.

American Civil Liberties Union of Illinois, Kathryn Giuntoli, and Joan Markley v. City of St. Charles and Fred T.L. Norris

794 F.2d 265 · Court of Appeals for the Seventh Circuit · Jun 6, 1986

On top of the fire department (a three-story building, clearly marked as the fire department) is a 35-foot-high television aerial. … Charles must lose, at least on the record compiled so far (an essential qualifi *271 cation that we shall now stop repeating).

Anthony v. Wilkinson

637 F.2d 1130 · Court of Appeals for the Seventh Circuit · Dec 23, 1980

Such purposes of transfer, petitioners argue, do not qualify as “specialized treatment.” … The Vermont hearings were conducted pursuant to the following procedures established by the state’s transfer policy: 1.

Kizer v. Children's Learning Center

962 F.2d 608 · Court of Appeals for the Seventh Circuit · Apr 29, 1992

To meet her burden of establishing a prima facie case of discriminatory discharge, [the plaintiff] must therefore show both that she was qualified for and satisfactorily performing the duties of her job. Lee v. … Thus, in order to meet her burden of establishing a prima facie case of discriminatory discharge, Kizer "must therefore show both that she was qualified for and satisfactorily performing the duties of her job."

Justin Castelino v. Rose-Hulman Institute of Tech

999 F.3d 1031 · Court of Appeals for the Seventh Circuit · Jun 3, 2021

Instead, the cases establish that deviations from University policy alone will not establish a claim for breach of contract. … Accordingly, such a letter would be protected by qualified privilege absent some evidence that Dr.

United States v. Tremayne Dozier

Court of Appeals for the Seventh Circuit · Feb 4, 2020

On appeal Dozier again argues that his 2006 Texas con‐ viction doesn’t qualify as a felony drug offense. … that a conviction was for a qualify‐ ing offense.” 553 U.S. at 389.

United States v. Jermaine Stamps

Court of Appeals for the Seventh Circuit · Dec 29, 2020

The government then asked the court to clarify whether it had ruled on Stamps’s argument that he only had to prove by a preponderance of the evidence that the firearm was not used in connection with his offense in order to qualify … He separately ar- gued that he had established by a preponderance of the evi- dence that the gun was not connected to his offense, and so he was eligible for safety-valve relief.

James Phelan v. City of Chicago

347 F.3d 679 · Court of Appeals for the Seventh Circuit · Nov 21, 2003

Clearly, an employee may not be fired because she took leave — that would be in direct violation of the statute. … The prima facie case consists of a showing by the plaintiff (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (in) that, despite his

United States v. Jermaine Stamps

Court of Appeals for the Seventh Circuit · Dec 29, 2020

The government then asked the court to clarify whether it had ruled on Stamps’s argument that he only had to prove by a preponderance of the evidence that the firearm was not used in connection with his offense in order to qualify … He separately ar- gued that he had established by a preponderance of the evi- dence that the gun was not connected to his offense, and so he was eligible for safety-valve relief.

Porter v. Whitehall Laboratories

9 F.3d 607 · Court of Appeals for the Seventh Circuit · Nov 1, 1993

First, the person must be "qualified as an expert by knowledge, skill, experience, training, or education." Fed.R.Evid. 702. … The testimony need not be known to a certainty; however, 32 in order to qualify as "scientific knowledge," an inference or assertion must be derived by the scientific method.

United States v. King

333 F. App'x 92 · Court of Appeals for the Seventh Circuit · Jun 3, 2009

At sentencing, the district court found that both defendants qualified for a two-level enhancement under U.S.S.G. § 2D1.11(b)(1) for possession of a dangerous weapon in connection with the conspiracy. … The district court did not clearly err in enhancing the defendants’ Guidelines ranges under § 2Dl.ll(b)(l).

United States v. Robert Ranjel

872 F.3d 815 · Court of Appeals for the Seventh Circuit · Sep 29, 2017

We will not disturb a sentencing court’s factual findings unless they are clearly erroneous. United States v. … His flight to Mexico and nearly ten years as a fugitive easily qualifies as obstruction of justice, drawing a two-level enhancement under § 3C1.1.