Case law

Johana Cece v. Eric Holder, Jr.

668 F.3d 510 · Court of Appeals for the Seventh Circuit · Feb 6, 2012

Although it is true that “where a proposed group is defined only by the characteristic that it is persecuted, it does not qualify as a ‘social group,’ ” the Board of Immigration Appeals has never required complete independence … Cece is now in her early thirties and clearly no longer a member of the group defined by her own expert.

Lanaghan v. Koch

902 F.3d 683 · Court of Appeals for the Seventh Circuit · Aug 29, 2018

The undisputed *689 facts establish that Lanaghan faced severe physical limitations during the 14-day period at issue here. … The defendants have not met their burden of establishing that a remedy was available to Lanaghan that he failed to exhaust.

American Deposit Corp. v. Schacht

84 F.3d 834 · Court of Appeals for the Seventh Circuit · May 13, 1996

Annuities, such as the Retirement CD, do not possess this characteristic, and thus cannot qualify as “insurance.” … See supra p. 843 (“Barnett Bank demonstrates that the Bank Act possesses no unique immunity from the McCarran-Ferguson Act.”). Yet Barnett Bank contains no such message or suggestion.

Gloria Smith and Albert Brooks Friedman v. Sol D. Adler Realty Company, a Corporation, Sol D. Adler, Mr. And Mrs. John C. Rasulis

436 F.2d 344 · Court of Appeals for the Seventh Circuit · Feb 18, 1971

The following additional facts, largely undisputed, seem conclusively established by our review of the entire record in this case. … The court is of the opinion that the evidence shows defendants were only too happy to find a valid excuse for denying the rental of said apartment to Gloria Smith but that if Gloria Smith had qualified the defendants would

Mary Richards v. U.S. Steel

869 F.3d 557 · Court of Appeals for the Seventh Circuit · Aug 28, 2017

McKesson Drug Co., 444 F.3d 593, 602–03 (7th  Cir. 2006) (“if a plaintiff can allege facts sufficient to establish  elements of a tort, that tort is not preempted” by the Act).  … As  a  result,  courts  are  hesitant  to  conclude  that  conduct  is  extreme  and  outrageous  in  the  employer‐employee  context  unless  an  “employer  clearly  abuses  the  power  it  holds  over  an  em‐ ployee  in

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. Acosta

534 F.3d 574 · Court of Appeals for the Seventh Circuit · Jul 15, 2008

Distributing drugs directly to minors for further distribution qualifies as the type of personal use of a minor warranting application of the use-of-a-minor enhancement under § 3B1.4. … The district court’s drug-quantity finding was not clearly erroneous. F.

David Keller v. United States

58 F.3d 1194 · Court of Appeals for the Seventh Circuit · Jun 29, 1995

The New Mexico Supreme Court has formulated the standard of care for physicians; it is a duty to use “the knowledge, skill and care ordinarily used by reasonably well-qualified doctors of the same field of medicine practicing … Forest Hills Distribs., Inc., 692 F.2d 214, 218 (1st Cir.1982), claims that the government had an obligation to establish that the documents had been destroyed.

Lee Thomas Lynk v. Laporte Superior Court No. 2, Hon. Don E. Harner, and Linley E. Pearson, Attorney General of Indiana

789 F.2d 554 · Court of Appeals for the Seventh Circuit · Apr 24, 1986

New York, 708 F.2d 92, 93 (2d Cir.1983) (per curiam), has obviously been qualified by Younger (as well as by Colorado River). See In re Special March 1981 Grand Jury, 753 F.2d 575, 581 (7th Cir.1985); cf. … Anyway Lynk’s personal presence is not required — clearly not so far as his felony ground is concerned.

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

United States v. Charles Shue

825 F.2d 1111 · Court of Appeals for the Seventh Circuit · Jun 30, 1987

Shue was convicted were clearly interdependent; they comprised a sentencing package. … The Court stated that in DiFrancesco [w]e noted that the decisions of this Court "clearly establish that a sentencing in a non-capital case] does not have the qualities of constitutional finality that attend an acquittal.

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.

United States v. Hollins, Darius

Court of Appeals for the Seventh Circuit · Aug 17, 2007

Having credited Addi- son’s statements and testimony to the extent that they establish “that she did have a relationship with Mr. … Hollins now objects that the factual finding that he was a manager is clearly erroneous.

In the Matter of the April 1956 Term Grand Jury. Byron A. Cain and Sally Cain v. United States

239 F.2d 263 · Court of Appeals for the Seventh Circuit · Feb 25, 1957

While wé hold that the grand jury’s actions under the circumstances are immune from interference by the court, we feel that any indictments which it votes, when they reach the court, carry no immunity from the application … of the court’s established criminal procedure. 2.

Nyzier Fourqurean v. NCAA

Court of Appeals for the Seventh Circuit · Jul 16, 2025

Furthermore, to the extent the NCAA is attempting to “re- label [the Five-Year Rule] as a product feature and declare [it] ‘immune from § 1 scrutiny,’” Alston, 594 U.S. at 101 (quoting Am. Needle, Inc. v. … Fourqurean has made no effort to establish this theory of anticompetitive effects.

United States v. Charles Stokes

726 F.3d 880 · Court of Appeals for the Seventh Circuit · Aug 1, 2013

Puentes, 50 F.3d 1567, 1574 (11th Cir. 1995) (“We believe that Rauscher clearly confers such a right on the extradited defen- dant.”); United States v. … We agree but omit the qualifier “almost.” Probable cause requires a commonsense “assessment of probabilities in particular factual contexts,” Illinois v.

Colonial Savings Ass'n v. Commissioner

854 F.2d 1001 · Court of Appeals for the Seventh Circuit · Aug 10, 1988

Therefore, Colonial has the burden of establishing that it qualifies for discharge of indebtedness treatment. Templeton v. Commissioner, 719 F.2d 1408, 1411 (7th Cir.1983); Hintz v. … The Chicago Bank is one of eleven district banks established pursuant to the Federal Home Loan Bank Act, 12 U.S.C. § 1421 et seq.

United States v. Carl Eugene Detienne and Charles Henry Askins

468 F.2d 151 · Court of Appeals for the Seventh Circuit · Jan 22, 1973

The evidence was admitted to prove that the Beecher City Bank was insured by the Federal Deposit Insurance Corporation to qualify as a “bank” within the meaning of the bank robbery statute. See 18 U.S.C. § 2113 (f). … On the contrary, our examination of the transcript shows that the evidence clearly preponderates against him. The jury could surely find him guilty beyond a reasonable doubt.

United States v. Xavier McClinton Donald Kelley, and Andre McClinton

135 F.3d 1178 · Court of Appeals for the Seventh Circuit · Apr 1, 1998

See U.S.S.G. § 3Bl.l(a), comment, (n.4) (recognizing that more than one person can qualify as a leader or organizer). … We therefore find the court’s determination of Xavier MeClinton’s offense level was not clearly erroneous. F.

Jeffrey Rowe v. Monica Gibson

798 F.3d 622 · Court of Appeals for the Seventh Circuit · Aug 19, 2015

Only by relying on its independent factual research can the majority establish an arguable basis for applying this theory that the course of treatment was so clearly inadequate as to amount to deliberate indifference. … First, on the websites the majority relies upon, we find important disclaimers that emphasize the need for filtering their information through qualified medical advice, which no member of this court is qualified to provide