Case law

Semien, Kathleen v. Life Insur Co

Court of Appeals for the Seventh Circuit · Feb 6, 2006

In order to lower the level of judicial review from de novo to arbitrary and capricious, “the plan should clearly and unequivocally state that it grants discretionary authority to the administrator.” … Washington, 187 F.3d 703, 712 (7th Cir. 1999) (“[O]ften the terms of an ERISA plan must be inferred from a series of documents none clearly labeled as ‘the plan.’ ”); see also Ruiz v. Cont’l Cas.

Brian Vukadinovich v. Richard Zentz, Ronald Kurmis, John Ross, William Collins, and City of Valparaiso

995 F.2d 750 · Court of Appeals for the Seventh Circuit · Jun 9, 1993

This claim clearly lacks merit. Vukadinovich never requested that the court instruct the jury to disregard its prior rulings. … Further, Vukadi-novich’s state law malicious prosecution claim also was dismissed properly since appellees are immune under Indiana law. Ind.Code § 34-4-16.5-3(5) (1983).

Yohan Salim v. Eric Holder, Jr.

Court of Appeals for the Seventh Circuit · Aug 28, 2013

The IJ also concluded that Salim had failed to establish  a well‐founded fear of future persecution.  … A probability of fu‐ ture  persecution  may  be  established  by  either  one  of  two  methods. 

Chamberlin v. Commissioner

286 F.2d 850 · Court of Appeals for the Seventh Circuit · Nov 30, 1960

Without title to the patent, the agreement to reinstate the license could not qualify as a sale of a capital asset. … Based on this evidence, this Court cannot say the finding of the Tax Court, that there was no sale or exchange, was clearly erroneous. Affirmed.

Carter v. Moore

165 F.3d 1071 · Court of Appeals for the Seventh Circuit · Dec 31, 1998

As this exchange clearly demonstrates, plaintiffs tendered instruction 18 was never assigned to Carter’s attorney for preparation. … See Mekdeci, 711 F.2d at 1515 (“Even more indicative, however, is the fact that the jury attempted to qualify its verdict.

William J. Leahy v. The Board Of Trustees Of Community College District No. 508

912 F.2d 917 · Court of Appeals for the Seventh Circuit · Oct 17, 1990

In an attempt to establish the requisite "state action," Leahy contended that both the Union and City Colleges were established under the laws of the State of Illinois; that City Colleges delegated its "discretionary authority … Leahy has clearly failed to allege any willful participation by the Union in any "joint" action.

City of Milwaukee v. Saxbe

546 F.2d 693 · Court of Appeals for the Seventh Circuit · Nov 12, 1976

Warth clearly establishes that “[t]he rules of standing, whether as aspects of the Art. … Those criteria have been often stated in proceedings which sought to qualify jurisdictionally under 1361. .

Symanowicz v. Army & Air Force Exchange Service

672 F.2d 638 · Court of Appeals for the Seventh Circuit · Mar 16, 1982

The subsequent action of the Exchange, in initially admitting him to the hospital, did not affect the determination of that issue, particularly where, as here, it is not established that Symanowicz relied to his detriment … The Board of Contract Appeals disagreed, finding that Kei “clearly rendered the service requested by the Exchange as a matter of personal and business accommodation ... and as a voluntary favor.”

United States v. Curtis Miller

891 F.2d 1265 · Court of Appeals for the Seventh Circuit · Dec 18, 1989

The district court proceeded reasonably, and its findings are not clearly erroneous. … We reiterate the requirement, recently established in United States v.

Bionic Auto Parts and Sales, Inc. v. Tyrone C. Fahner

721 F.2d 1072 · Court of Appeals for the Seventh Circuit · Aug 23, 1983

To satisfy the “certainty and regularity” requirement, the inspection program must define clearly what is to be searched, who can be searched, and the frequency of such searches. … Such records shall be clearly legible and open for inspection at any reasonable time by any authorized representative of the Secretary of State or any peace officer.

Tracy Anderson v. Nations Lending Corporation

27 F.4th 1300 · Court of Appeals for the Seventh Circuit · Mar 9, 2022

More fundamentally, the evidence clearly establishes that NLC’s Standards of Employee Conduct specifically state that the company reserves the right to terminate employment without engaging in corrective counseling whenever … Anderson fails to establish this causal connection. Ms.

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 .

Jogi, Tejpaul v. Voges, Tim

Court of Appeals for the Seventh Circuit · Sep 27, 2005

His only task, once he established a proper jurisdictional basis for his suit, was to satisfy the notice pleading standards of Rule 8. … Second, we think it inevitable that the issue of qualified immunity on the part of the defendants will arise.

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.

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. 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).

Pamela Johnson v. Larabida Children's Hospital

372 F.3d 894 · Court of Appeals for the Seventh Circuit · Jun 22, 2004

In the event that a visitor to the hospital were to become unruly or disruptive, as Johnson clearly did, it was within Stephen’s discretion to ask that person to leave the premises. … Nonetheless, assuming arguendo, that Stephens was a state actor, Johnson would still need to establish that Stephens deprived her of a constitutional right. 42 U.S.C. § 1983 . She cannot do so.

United States v. Nelson Rivas and Cristobal Rosas

16 F.3d 1226 · Court of Appeals for the Seventh Circuit · Feb 7, 1994

Sec. 851 (a)(1) alleging that, if convicted, both defendants would qualify for the enhanced penalties set out in 21 U.S.C. Sec. 841 (b) due to their prior felony drug trafficking convictions. … Perlaza, 818 F.2d 1354, 1360 (7th Cir.), cert. denied, 484 U.S. 861 (1987). 9 Here, the evidence was clearly sufficient to establish that Rivas had dominion and control over the apartment and, therefore, over the contraband

Deering v. Reich

183 F.3d 645 · Court of Appeals for the Seventh Circuit · Jul 1, 1999

Considering both issues in the context of an officer’s claim of qualified immunity from suit, we said that an officer may use deadly force “only to seize a fleeing felon who has committed a violent crime or who presents an … Her testimony could not have more clearly violated the stipulation.

Penny Jo Bechtold v. Physicians Health Plan of Northern Indiana, Incorporated

19 F.3d 322 · Court of Appeals for the Seventh Circuit · Mar 18, 1994

Clearly there is no authority for such a proposition under ERISA which does not dictate what a plan such as the PHP plan before us should cover. … While such a committee would in no way be a panacea for our skyrocketing health care costs, it may help to reduce the incidence of suits in which one “expert” testifies that a procedure is experimental and another equally qualified