Case law

ESTATE OF

349 F.3d 1015 · Court of Appeals for the Seventh Circuit · Nov 20, 2003

However, our analysis is complicated by the fact that Taylor and Scott have raised the defense of qualified immunity. Allen bears the burden of defeating this defense. See Sparing v. … Even if this requirement is satisfied, in order to prevail Allen must also show that the constitutional right was clearly established such that a reasonable officer would have understood that she was violating that right.

Int'l Union 150 v. NLRB

Court of Appeals for the Seventh Circuit · Mar 16, 2004

The NLRB never mentioned that agreeing the authorization cards were signed could also qualify as implicit recognition of a union. … We conclude that neither of these statements establish Terracon’s clear and unequivocal agreement to bargain with the Union.

John H. Ryan v. Commodity Futures Trading Commission

145 F.3d 910 · Court of Appeals for the Seventh Circuit · May 21, 1998

With respect to rehabilitation, the Commission was not persuaded by Ryan’s argument that he clearly changed his behavior since the time he committed the illegal actions. See id. … It gave limited weight to Ryan’s expressed contrition, claiming it did not establish a change in direction.

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

Wayne D. Sellers and Peggy S. Sellers v. Dr. Walter P. Baisier, St. John's Hospital and Dr. Choon Bong Choi

792 F.2d 690 · Court of Appeals for the Seventh Circuit · Jun 9, 1986

Under Illinois law, a plaintiff in a medical malpractice case “must establish the standards of care against which the defendant doctor’s conduct is measured” through expert testimony. Borowski v. … The parties’ presentation of the case clearly framed the issues as whether Dr.

Jenkins, George v. Huntley, Edward W.

235 F. App'x 374 · Court of Appeals for the Seventh Circuit · May 23, 2007

In any event, the court reasoned that Jenkins had no standing to seek prospective relief because he was no longer incarcerated, and he could not recover damages because the defendants enjoyed qualified immunity. … Although prisoners have a First Amendment right to send and receive mail, it is well established that prison officials may inspect mail for contraband. Wolff v.

United States v. Lathrop

634 F.3d 931 · Court of Appeals for the Seventh Circuit · Mar 2, 2011

Clearly then, silence may be a reasonable strategy when a juror has not even gone so far as to imply bias, but has instead merely revealed a potential, attenuated conflict of interest. … With no showing of perjury, Lathrop has not established that the government acted improperly when it relied on Maki’s statements.

25 Fair empl.prac.cas. 1271, 27 Fair empl.prac.cas. 177, 27 Empl. Prac. Dec. P 32,253 United States of America v. City of Chicago v. Fraternal Order of Police, Etc., Intervening United States of America v. City of Chicago v. Robert W. Suess, Intervening United States of America v. City of Chicago v. Fraternal Order of Police, Etc., Intervening

663 F.2d 1354 · Court of Appeals for the Seventh Circuit · Nov 2, 1981

The decree established as a "long term goal" the appointment to the police force of sufficient numbers of qualified blacks, Spanish-surnamed persons and females to increase substantially the minority composition of the Police … adjusting the promotional quota after an evidentiary hearing to provide the factual predicate for maintaining approximate parity between the patrol officer and sergeant forces (with appropriate modification, if indicated, for clearly

Richard E. Barber, Chapter 7 Trustee for Ostrom-Martin, Inc. v. Golden Seed Company, Inc.

129 F.3d 382 · Court of Appeals for the Seventh Circuit · Oct 31, 1997

The Golden Seed-Baird Transaction Finally, the Trustee argues that Golden Seed’s payment' of $127,563.00 to Baird also qualifies as an avoidable transfer under § 548. … To satisfy § 547(c)(2)(C), the transferee need only establish that its own dealings with the debtor fall “within the outer limits of normal industry practice.”

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).

United States v. Dykema

666 F.2d 1096 · Court of Appeals for the Seventh Circuit · Dec 9, 1981

His tax liability is to be investigated and established in the same manner as that of any other taxpayer. … Clearly also there is no continuing supervision or regulation of the religious mission of the organization such as was condemned in NLRB v.

Shannon Golat v. Audrey K. Swierawski

Court of Appeals for the Seventh Circuit · Aug 4, 2026

To establish a failure to accommodate claim, Ms. … Golat cannot establish causation, summary judgment was properly granted.

Free v. Briody

732 F.2d 1331 · Court of Appeals for the Seventh Circuit · Apr 25, 1984

Hodgman served as president and was a controlling influence in the corporation. 3 In 1967 Gilbert-Hodgman established the Salaried Employees' Profit Sharing Plan and Trust. … In his brief, Briody claims that Hodgman informed him that he would not be a trustee until the Plan was qualified by the IRS.

United States v. Vahan Kelerchian

937 F.3d 895 · Court of Appeals for the Seventh Circuit · Aug 22, 2019

Vollmer, concluding that the govern- ment was not deprived of a qualifying property interest. Vollmer, 1 F.3d at 1521. … A Chicago ordinance required the city to establish a goal of awarding not less than 25% of the annual dollar value of all city contracts to qualified minority-owned businesses and 5% of the annual dollar value to qualified

Diane L. Lindemann v. Mobil Oil Corporation

141 F.3d 290 · Court of Appeals for the Seventh Circuit · Mar 26, 1998

Specifically, the plan provided that in order to qualify for short-term disability benefits, employees were required to: (1) notify their supervisors of the short-term disability as soon as possible; (2) obtain their supervisors … We do not think that businesses have an obligation to carry employees on their payrolls who display this utter contempt for clearly enunciated rules and policies.

Anouar Darif v. Eric Holder, Jr.

739 F.3d 329 · Court of Appeals for the Seventh Circuit · Jan 2, 2014

The judge was clearly skeptical and demanded legal authority in support of this position. Darif’s attorney responded that he was simply relying on his reading of the statute. … Alterna- tively, the BIA determined that Darif’s proffer was insufficient to show that any of the claimed hardships qualified as extreme.

Harold B. Smith and Illinois Republican Party v. Kenneth R. Boyle, in Their Official Capacity as Members of the Illinois State Board of Elections

144 F.3d 1060 · Court of Appeals for the Seventh Circuit · May 21, 1998

Corp., 429 U.S. 252, 266 , 97 S.Ct. 555 , 50 L.Ed.2d 450 (1977)), intent can be satisfied only by legislative history or evidence of clearly displayed motives of the amendment’s proponents—the proverbial “smoking gun.” … I do not suggest that the sufficiency of the plaintiffs’ complaint necessarily establishes that they would prevail on the merits.

United States v. Brumley, Bob

Court of Appeals for the Seventh Circuit · Jul 12, 2000

Brumley objected to this testimony on the ground that the agent was not qualified to testify as an expert. … But the district court was clearly aware that it could depart for an unjustified disparity, and found that the disparity here was justified by the factual circumstances of this particular case.

United States v. Kenneth A. Cunningham

103 F.3d 596 · Court of Appeals for the Seventh Circuit · Dec 27, 1996

A two-level reduction in offense level is mandated if the defendant “clearly demonstrates acceptance of responsibility.” U.S.S.G. § 3El.l(a). … Townsend, 73 F.3d at 755 (“When a defendant demonstrates that he is qualified for the decrease, the guideline orders the decrease.”).

University of Chicago Medical Center v. Sebelius

618 F.3d 739 · Court of Appeals for the Seventh Circuit · Aug 25, 2010

“Research activities” is used in unrelated provisions addressing the endeavors of those who may qualify for a tax (continued...) 12 … To us, in ordinary parlance, research activities are clearly a subset of non-patient care activities.