Case law

Peter Hand Co. v. United States

2 F.2d 449 · Court of Appeals for the Seventh Circuit · Jul 19, 1924

It clearly appears that the people of the United States are the same since the adoption of the Fourteenth Amendment as they were at the adoption of the Constitution; that is, they are “the political body who, according to … The Constitution (article 1, § 8, cl. 4) gave to Congress the power to establish a uniform rule of naturalization, which Congress did on March 26, 1790.

Patrick McCarthy v. Director of Selective Service System

460 F.2d 1089 · Court of Appeals for the Seventh Circuit · May 26, 1972

After a personal appearance before his local board on July 22, 1969, he was advised that he did not qualify for any deferment and that his I-A classification would not be reopened. … Moreover, assuming L.B.M. 96 goes too far in compressing a decision on the occupational deferment claim of all full-time graduate students teaching part time, 5 the local board’s reliance on it is not tantamount to the clearly

United States v. William Walker

652 F.2d 708 · Court of Appeals for the Seventh Circuit · Jun 29, 1981

In the case at bar, the defendant has specifically referred us to portions of the testimony which qualify under the McCorkle standard. 5 . … The Government also established in both cases that no Robert Wilson lived at the address Walker had given Agent Kosky.

United States v. Robert Hofschulz

105 F.4th 923 · Court of Appeals for the Seventh Circuit · Jun 25, 2024

The evidence established that in late 2014 the Hofschulzes opened a “pain management clinic” in Wauwatosa, Wisconsin—a suburban community just west of Milwaukee—as a front for an opioid mill. … Sufficiency of the Evidence Finally, the Hofschulzes argue that the evidence was in- sufficient to establish their guilt. Great deference is owed to the jury’s verdict. United States v.

Wattleton v. International Brotherhood of Boiler Makers, Iron Ship Builders, Blacksmiths, Forgers & Helpers

686 F.2d 586 · Court of Appeals for the Seventh Circuit · Aug 16, 1982

The Negroes hired between 1948 and 1968 were neither less skilled, less qualified, nor less apt to learn job skills than were the Caucasians hired during the same period. … On the same date, the court granted' a motion that severed the issue of liability from those of damages and remedies, in the event liability was established at trial.

Rebecca Woodring v. Jackson County, Indiana

986 F.3d 979 · Court of Appeals for the Seventh Circuit · Feb 2, 2021

Clearly, no single test governs all Establishment Clause challenges. The Supreme Court has candidly acknowledged that its Establishment Clause cases are “Januslike.” … Valente, 456 U.S. 228, 244 (1982) (Establishment Clause clearly commands that “one re- ligious denomination cannot be officially preferred over an- other”).

Calvin P. Applegate and Irma Applegate v. Commissioner of Internal Revenue

980 F.2d 1125 · Court of Appeals for the Seventh Circuit · Dec 7, 1992

The Tax Court held that the taxpayers’ “price later” contracts, formed in 1984, qualified for installment sales treatment under 26 U.S.C. § 453 , as argued by the taxpayers. … We must accept the Tax Court’s factual findings unless clearly erroneous. Levin v. Commissioner, 832 F.2d 403, 405 (7th Cir.1987).

In re Holovachka

317 F.2d 834 · Court of Appeals for the Seventh Circuit · May 22, 1963

We hold that the Attorney General of the State of Indiana and his assistants do not qualify under Rule 6(e) as “attorneys for the government.” In United States v. … We think the Doe case is clearly distinguishable from the case at bar.

Harris Trust & Savings Bank v. E-II Holdings, Inc.

926 F.2d 636 · Court of Appeals for the Seventh Circuit · Feb 21, 1991

E-II was not immune to the takeover mania that victimized the 1980s, and in December 1987 it launched a hostile takeover bid for American Brands, Inc. (“American Brands”). … The indenture, however, did not clearly spell out the form of notice required, and the issuer gave notice that would have technically complied with the indenture but was otherwise ineffective.

Sherwood Memorial Gardens, Inc., (Tennessee) v. Commissioner of Internal Revenue

350 F.2d 225 · Court of Appeals for the Seventh Circuit · Jul 1, 1965

There is no contention that the Tax Court’s findings, based on uncontroverted evidence, are clearly erroneous. … The Tax Court noted two exceptions to this rule, viz., where the fund is a “definitely established” trust and where the fund is required under a specific agreement with the lot purchasers, 3 but held that petitioner qualified

United States v. Eric C. Howard

179 F.3d 539 · Court of Appeals for the Seventh Circuit · Jun 1, 1999

Acceptance of Responsibility Under § 3E1.1 of the United States Sentencing Guidelines, a defendant may qualify for a two level reduction of his offense level if he “clearly demonstrates acceptance of responsibility for his … A defendant must clearly demonstrate that he is entitled to this reduction by a preponderance of the evidence. Id. at 598 .

Donna Flournoy v. City of Chicago

829 F.3d 869 · Court of Appeals for the Seventh Circuit · Jul 21, 2016

City of Paris, 769 F.3d 501, 508 (7th Cir. 2014) (“‘It is a well-established rule that arguments not raised to the district court are waived on appeal.’”). … The judgment of the district court denying Flournoy’s motion for a new trial is AFFIRMED. 10The defendants alternatively argue that we should affirm based on qualified immunity.

Tony Cerros v. Steel Technologies, Inc.

288 F.3d 1040 · Court of Appeals for the Seventh Circuit · May 7, 2002

For the most part, Cerros does not argue the district court’s findings of fact were clearly erroneous. … Cerros has shown enough here to have the opportunity on remand to demonstrate that he has met the standards established in Harris, Oncale, and Breeden .

Carla Boston v. United States Steel Corporati

816 F.3d 455 · Court of Appeals for the Seventh Circuit · Mar 4, 2016

While on layoff status, Boston remained eligible to bid on posted posi- tions for which she was qualified. … Courts have found extreme and outrageous behavior in situations where an “employer clearly abuses the power it No. 15-2795 19 holds over an employee in a manner far more

Nydia Tavarez and Manny Tavarez, D/B/A La Nydia Grocery v. Michael O'Malley

826 F.2d 671 · Court of Appeals for the Seventh Circuit · Sep 24, 1987

Even more clearly, there was no reason not to give the Tavarezes a prompt opportunity to show that they were entitled to reenter the premises because the emer *675 gency had passed and no state or local law authorized the … damages would not have been a good substitute from a social standpoint for the predeprivation hearing even if such a suit would have made the Tavarezes whole — which is doubtful given the limited liability and extensive immunities

Paul W. Schaff v. Donald Snyder

190 F.3d 513 · Court of Appeals for the Seventh Circuit · Aug 20, 1999

"Only `clearly established' rules could be applied on collateral attack; and a rule was not `clearly established' unless it was `compelled by existing precedent.'" Hogan v. … In an attempt to demonstrate that his claim is supported by clearly established case law from the Supreme Court, Mr.

Ellis v. City of Chicago

667 F.2d 606 · Court of Appeals for the Seventh Circuit · Dec 15, 1981

Officer Calandra and Sergeant Holub thus clearly qualified as “witnesses] identified with an adverse party” for purposes of Rule 611(c). … The record clearly indicates that the trial judge invited objections from both parties after he charged the jury, but before the jury began its deliberations. Tr. at 502.

T.W. And M.W., Minors, by Their Next Friend, Scott Enk v. Thomas Brophy

124 F.3d 893 · Court of Appeals for the Seventh Circuit · Sep 11, 1997

But this is a principle of prudence (clearly so regarded by the Fifth Circuit in Chrissy, see 883 F.2d at 27 ; see also Roberts v. Ohio Casualty Ins. … Co., supra, 256 F.2d at 39 , less clearly by the Third Circuit in Gardner) rather than a rigid rule.

John Scoby, Cross-Appellants v. Michael D. Neal, Individually and as Warden of the Danville Correctional Center, Dennis Davis and Roger White, Individually and as Officers of the Danville Correctional Center, Cross-Appellees

945 F.2d 407 · Court of Appeals for the Seventh Circuit · Oct 8, 1991

In his accompanying order, the judge found that there was no clearly established right of correctional officers to be free from warrantless body cavity searches as of March 30, 1987, when these searches occurred. … Therefore he held that the defendants were entitled to qualified immunity and accordingly were not liable for monetary damages.

Medicare & Medicaid Guide P 42,636 United States of America v. Charles Floyd Humphrey and Isabelle Heyder

34 F.3d 551 · Court of Appeals for the Seventh Circuit · Sep 8, 1994

This evidence is clearly sufficient to support the jury’s finding on the conspiracy count of the indictment. … Clearly, this alone qualifies as a legitimate basis for keeping her on the jury. Perhaps more importantly, Heyder has not adequately demonstrated that Stout’s presence on the jury prejudiced her case.