Case law

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

Kenneth Garrison and Dorothy Garrison v. Heublein, Inc., D/B/A Ste Pierre Smirnoff Fls

673 F.2d 189 · Court of Appeals for the Seventh Circuit · Mar 17, 1982

Clearly, under the standard, “ ‘want of merit may consist in an absence of law to support a claim of the sort made.’ ” 2A Moore’s Federal Practice ¶ 12.08 at 2271 (2d ed. 1981) (quoting De Loach v. … Because that theory involves the lowest threshold for establishing such a duty, a failure in that regard would necessarily undercut the duty component of the other counts.

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

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.

Richard A. Lauchli, Jr. v. United States

481 F.2d 408 · Court of Appeals for the Seventh Circuit · Jul 6, 1973

year 1964 there were 18 Class I manufacturers and importers registered under the Act, including a number of familiar and legitimate businesses. 8 He said that the tax and registration provisions of the Act were designed to qualify … Scherer and petitioner since “the evidence did not clearly establish the basis for these alleged suspicions” and since it was not shown that either one had become suspect by virtue of being a “transferor” under the Act.

Jodie S. Abbott, David M. Balmes, Deborah J. Combs v. Village of Winthrop Harbor

205 F.3d 976 · Court of Appeals for the Seventh Circuit · Apr 5, 2000

Absent a clearly expressed legislative intent to the contrary, the statutory language must be regarded as conclusive. Milwaukee Gun Club v. Schulz, 979 F.2d 1252, 1255 (7th Cir.1992) (citation omitted). … They note that pursuant to law, an Emergency Telephone System Board must be established to plan the new emergency telephone system. 50 ILCS 750/15.4.

Ronald J. Dranchak v. Akzo Nobel Inc.

88 F.3d 457 · Court of Appeals for the Seventh Circuit · Jul 29, 1996

This argument turns a breach of fiduciary duty (by both Jadel and Dranchak) into immunity from discharge, a step that the ADEA does not countenance. … The record does not establish retalia *461 tion for filing a charge of discrimination or threatening to file a charge.

Sunny Emezuo v. United States

357 F.3d 703 · Court of Appeals for the Seventh Circuit · Feb 6, 2004

’s written statement (and any additional information provided in the follow-up interview) is the key issue: if Emezuo’s proffer was not truthful, his counsel’s failure to ensure that it be provided to the government was clearly … For purposes of the safety valve, a probation officer does not qualify as "the government.” See United States v. Smith, 174 F.3d 52, 56 (2d Cir.1999); United States v.

United States v. Robert Stochel

901 F.3d 883 · Court of Appeals for the Seventh Circuit · Aug 27, 2018

Background The Schwartz family established the Tip Top Supermar- ket in Gary, Indiana, in the 1950s. … Acceptance of Responsibility A defendant qualifies for a two-point reduction in his of- fense level under the Guidelines if he “clearly demonstrates acceptance of responsibility for his offense.”

Peggy L. ADAMS, John P. Aguinaga, Percy Allen, Jr., Et Al., Plaintiffs-Appellants, v. CITY OF CHICAGO, Defendant-Appellee

135 F.3d 1150 · Court of Appeals for the Seventh Circuit · Feb 4, 1998

Perhaps that would mean that merit selections would come from the 1,900 that qualified under parts I and II of the current test. … The district court’s finding of no irreparable injury is not clearly erroneous.

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.

Cheryll GRAY, F/K/A Cheryll Lengyel, Plaintiff-Appellant, v. COUNTY OF DANE, Defendant-Appellee

854 F.2d 179 · Court of Appeals for the Seventh Circuit · Jul 28, 1988

The offending officials clearly were not conforming to informal practices “ ‘so permanent and well settled as to constitute a “custom or usage” with the force of law.’ ” City of St. Louis v. … regulation, custom, or usage, of any State or Territory ..., subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Michael Mogan v. City of Chicago

115 F.4th 841 · Court of Appeals for the Seventh Circuit · Sep 20, 2024

At the pleading stage, such as in this case, the plaintiff has the burden of clearly alleging facts that are sufficient to demonstrate each of those elements. … stating that “[a]ny Unit Owner shall have the right to lease … his Unit, upon such terms and conditions as the Unit Owner may deem acceptable,” but then No. 22-2801 11 qualifies

Cherrye Bradley v. Pickens Brown

42 F.3d 434 · Court of Appeals for the Seventh Circuit · Dec 13, 1994

Furthermore, the district court’s findings were not clearly erroneous. 3 . Until Daubert , the majority of federal courts applied the Frye standard to determine the admissibility of scientific evidence. … which governs the admissibility of expert testimony, provides: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

In Re American Pouch Foods, Inc., Debtor-Appellant

769 F.2d 1190 · Court of Appeals for the Seventh Circuit · Jul 30, 1985

The Government asserts sovereign immunity. We need not reach the issue of immunity. … This court has stated that: The Interim Rule adopted by the district courts establishes a system of bankruptcy adjudication whereby the bankruptcy judges act as adjuncts of the Article III district courts.

United States v. Cruz-Velasco, Raul

Court of Appeals for the Seventh Circuit · Aug 17, 2000

This case was conducted under an open discovery policy, and the government was clearly obligated to disclose the passenger list to the defense as soon as it was received. … By not establishing a record, the district court effectively nullifies appellate review. See United States v. Southard, 700 F.2d 1, 11 (1st Cir. 1983).