Case law

In the Matter of Geraldine Minnick. Geraldine Minnick v. Lafayette Loan & Trust Co., in the Matter of Leland Lafayette Minnick. Leland Lafayette Minnick,appellant v. Lafayette Loan & Trust Co.

392 F.2d 973 · Court of Appeals for the Seventh Circuit · Feb 20, 1968

referee's findings. 35 The broad statutory power conferred upon a district court to review orders of a referee under 11 U.S.C.A. 11, is qualified by General Order in Bankruptcy No. 47, following 11 U.S.C.A. 53, which provides … If it be a reviewable conclusion, the legal effect given by the referee is incorrect. 40 Finally, it is well established that Section 14(c) of the Bankruptcy Act, supra, must be liberally construed in favor of the bankrupts

Bauchman v. West High School

132 F.3d 542 · Court of Appeals for the Seventh Circuit · Dec 18, 1997

are entitled to immunity. … If we were so limited, Establishment Clause claims would be immune from attack under Fed.R.Civ.P. Rule 12(b)(6) 10 Accordingly, we decline Ms.

Ruth v. Triumph Partnerships

577 F.3d 790 · Court of Appeals for the Seventh Circuit · Aug 17, 2009

Not every meritorious FDCPA claim requires such extrinsic evidence, however; some collection notices are clearly misleading on their face. … Ruth submits that, like the defendants in Seeger , the defendants in this case failed to establish procedures that were sufficient to establish a defense of bona fide error.

Thomas Corcoran v. Chicago Park District, a Municipal Corporation, and Jesse Madison

875 F.2d 609 · Court of Appeals for the Seventh Circuit · May 23, 1989

Analysis To establish a claim under the due process clause of the fourteenth amendr ment, Mr. … He asserts that this declaration clearly established his right to continued employment absent cause for dismissal. However, in his letter to the employees, Mr.

Christopher M. Stevens v. Daniel McBride

489 F.3d 883 · Court of Appeals for the Seventh Circuit · Jun 18, 2007

With regard to the stun belt, Stevens claims that a criminal defendant has a clearly established constitutional right to be free of restraints at trial and that he was prejudiced because his fear of being electrocuted made … established Federal law, as determined by the Supreme Court.”

Remer, Sandra v. Burlington Area

Court of Appeals for the Seventh Circuit · Apr 16, 2002

The district court further held that, even if a due process violation had occurred, the individual defendants were entitled to qualified immunity. … There was, however, ample evidence before the school board establishing M.R.’s participation in the conspiracy.

Anthony Taylor v. J.P. Morgan Chase Bank, N.A.

Court of Appeals for the Seventh Circuit · Apr 30, 2020

Nor does Chase’s acceptance of Taylor’s reduced pay- ments plausibly establish waiver. … On the contrary, Chase had already promised to apply objective criteria established by the Treasury Depart- ment to the information Taylor provided: “If you qualify un- der the federal government’s Home Affordable Modification

United States v. Sykes

7 F.3d 1331 · Court of Appeals for the Seventh Circuit · Oct 22, 1993

Sykes does not challenge on appeal the inclusion of the count II and count III acts as relevant conduct, but she argues that the acts charged in count IV do not so qualify. … Because the government established a sufficient factual basis for the acts charged in count IV and because the district court’s assessment of Sykes’ credibility was not clearly erroneous, we consider whether those acts amount

United States v. Thomas Thayer

40 F.4th 797 · Court of Appeals for the Seventh Circuit · Jul 21, 2022

Congress was clearly capable of tethering the definition of “sex offense” to the elements of a crime but elected not to do so in § 20911(5)(A)(ii). … The subsequent string of granular, fact-based qualifiers reinforces this conclu- sion.

Arnold, Steven v. Barnhart, Jo Anne

Court of Appeals for the Seventh Circuit · Jan 16, 2007

Credibility determinations will not be overturned unless they are clearly incorrect. Zurawski, 245 F.3d at 887; Powers v. Apfel, 207 F.3d 431, 435 (7th Cir. 2000). … The compelling medical evidence presented clearly established that frequent breaks were not medically necessary and that any diffi- culty that Arnold had in dealing with stress was accommo- dated by his restricting his employment

United States v. Mark Young

34 F.3d 500 · Court of Appeals for the Seventh Circuit · Sep 2, 1994

In fact, we have employed them “to determine whether a defendant qualifies as a supérvisor at all.” Brown, 944 F.2d at 1380 n. 1; see also United States v. … We made clear that “[mjiddlemen are not, of course, immune from application of § 3B1.1.” Id. at 1381.

Dixon v. City of Chicago

948 F.2d 355 · Court of Appeals for the Seventh Circuit · Nov 20, 1991

To qualify as a prevailing party under 42 *358 U.S.C. § 1988 , a plaintiff must succeed on a significant issue in litigation which achieves some of the benefit the party sought in bringing suit. Hensley v. … This concession discontinued the enforcement of the automatic salary deductions and established the plaintiffs’ right to pay their fair share fee directly to the collective bargaining representative for only those matters

Aneta Hadzi-Tanovic v. Robert Johnson

62 F.4th 394 · Court of Appeals for the Seventh Circuit · Mar 14, 2023

Nevertheless, it is well established that federal district and circuit courts do not have jurisdiction to review such state court decisions. … and immunity grounds).

Peggy S. LeGrande v. United States

687 F.3d 800 · Court of Appeals for the Seventh Circuit · Jul 18, 2012

The FTCA serves as a limited waiver of the sovereign immunity of the United States. … LeGrande had failed to establish that FAA personnel breached any duty owed to her.

Oling v. Air Line Pilots Ass'n

346 F.2d 270 · Court of Appeals for the Seventh Circuit · Jun 4, 1965

The cases firmly establish the principle that where Congress has provided a statutory procedure for the review of an administrative order, such procedure is exclusive. … A comparison of the record before the CAB as to the relief there sought with that which they now seek by their complaint demonstrates that this statement is clearly erroneous.

Wilson v. Lear Corp.

2 F. App'x 576 · Court of Appeals for the Seventh Circuit · Mar 16, 2001

Wilson’s case here fails because the five substantially younger individuals chosen for the human resources manager positions were better qualified, as evidenced by their advanced degrees and membership in the Leadership Group … UT clearly met this burden: it explained that *580 it did not have a legal duty to ensure that Mr.

Isaac J. Cornelius and Cornelius Contractors Corp. v. David B. Lacroix and Milwaukee Metropolitan Sewerage District, Defendants-Appellants/cross-Appellees

838 F.2d 207 · Court of Appeals for the Seventh Circuit · Feb 12, 1988

II. 13 To establish a due process violation, Cornelius must meet two requirements. First, it must show that it has a property interest. … By use of a disclaimer, the District specifically and clearly rejected any notion that inclusion in the listing constituted acknowledgment by the District of MBE status.

United States v. Kory C. Smith

103 F.3d 600 · Court of Appeals for the Seventh Circuit · Dec 27, 1996

Any use of a dangerous weapon that qualifies as an assault (by creating reasonable fear in victims) would therefore almost always put lives in jeopardy if only because of the risk of a violent response. … We will reverse such a finding by a district' court only if it is clearly erroneous. Id. The District Court’s finding that Smith committed perjury is not clearly erroneous.

American Dental Association v. Lynn Martin

984 F.2d 823 · Court of Appeals for the Seventh Circuit · Jan 28, 1993

One qualified entity can most effectively and efficiently regulate the health care profession. … It seems quite obvious that the CDC, state agencies and professional organizations (who are more qualified than OSHA) should establish the regulations and guidelines that govern the health care profession 18 "Exposure incident

Pennington v. Doherty

110 F.3d 502 · Court of Appeals for the Seventh Circuit · Apr 4, 1997

Because this is an appeal in a case that we remanded in Pennington I, it is governed by the law of the ease established in that first appeal. … Co., 54 F.3d 379, 382 (7th Cir.1995) (stating that mixed questions of law and fact set aside on appeal only if clearly erroneous); Bierman, 2 F.3d at 1432 (noting that the clearly erroneous standard is well established in