Case law

United States v. Anthony C. Zizzo, James J. Marcello, Richard Gervasio, Anthony N. Chiaramonti, Brett K. O'dell, and Samuel A. Carlisi

120 F.3d 1338 · Court of Appeals for the Seventh Circuit · Jul 29, 1997

We apply a three-step test to determine whether a statement qualifies for admission under Rule 804(b)(3): (1) the statement must be against the declarant’s penal interest; (2) corroborating circumstances must clearly establish … First, even Gilley recognized that a specific unanimity instruction is unnecessary when the evidence clearly establishes that more than five people were involved in the gambling business at all times. Id. at 1212 .

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

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

United States v. William Hanhardt, Joseph Basinski, Guy S. Altobello, and William R. Brown

361 F.3d 382 · Court of Appeals for the Seventh Circuit · May 7, 2004

The government failed to establish that Alto-bello’s unsworn statements significantly impeded its investigation. … The upward adjustment is applicable to each leader in a conspiracy and more than one conspirator may qualify as an organizer or a leader. United States v. McClinton, 135 F.3d 1178, 1191 (7th Cir.1998).

United States v. Cavale

688 F.2d 1098 · Court of Appeals for the Seventh Circuit · Sep 7, 1982

Department would, in turn, award contracts to the lowest qualified bidders. … Defendant Ca-vale asserts that mere association with a criminal venture is not sufficient to establish knowledge, but that the evidence must establish actual knowledge of sufficient elements of the criminal enterprise.

Kyung Yano v. City Colleges of Chicago

Court of Appeals for the Seventh Circuit · Jun 1, 2016

But the  professors had qualified immunity, the court reasoned, because the rights at issue were  not clearly established in the classroom setting.  … Although Sayuri concentrates on the district court’s analysis of qualified  immunity, we conclude that the court need not have reached that issue because a jury  could not reasonably have found that the defendants violated

Canada Dry Corporation v. Nehi Beverage Company, Inc. Of Indianapolis

723 F.2d 512 · Court of Appeals for the Seventh Circuit · Dec 2, 1983

For example, Nehi did not show whether it was as qualified to enter the soft drink program as the eight bottlers who were offered such a program; nor did it demonstrate that it was more qualified than bottlers who were also … Such remarks are clearly improper.

Robert Foley and Patricia Foley v. City of Lafayette, Indiana, and Fred Taylor

359 F.3d 925 · Court of Appeals for the Seventh Circuit · Mar 8, 2004

Furthermore, the City of Lafayette is clearly a "public entity" under 42 U.S.C. § 12131 (1). … Clearly, the only types of interruptions in service contemplated under this regulation are those that are isolated or temporary.

Martin v. Shalala

63 F.3d 497 · Court of Appeals for the Seventh Circuit · Jul 31, 1995

The functions include administering the payment of qualified claims. 42 U.S.C. Sec. 1395u. … Clinical Labs., 52 F.3d at 1350 (determining that plaintiffs' five-year letter-writing crusade did not qualify as request for review determination or hearing).

Technical Publishing Company, Division of Dun-Donnelley Publishing Corporation v. Lebhar-Friedman, Inc.

729 F.2d 1136 · Court of Appeals for the Seventh Circuit · Mar 20, 1984

Most of these copies are given to qualified readers at no charge. The magazine derives most of its revenue from advertisements and the sale of mailing lists and survey results. … Plaintiff bears the burden of establishing that each of these factors supports granting the injunction. Dos Santos, 684 F.2d at 1349 .

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).

United States v. James R. Turcotte

405 F.3d 515 · Court of Appeals for the Seventh Circuit · Jun 14, 2005

Under a disjunctive reading, a substance that satisfies any one of these three criteria qualifies as a controlled substance analogue. … Thus, once again, knowledge of the drug's identity would be sufficient to establish knowledge of the drug's status as controlled.

Ophthalmic Mutual Insurance Company v. Josephine Musser

143 F.3d 1062 · Court of Appeals for the Seventh Circuit · May 7, 1998

Stats., is a valid and proper "financial responsibility" law such that it fits within 15 U.S.C. § 3905 (d), which provides that the Risk Retention Act does not preempt a statute from establishing financial responsibility … non-domestic RRGs, just as it excludes all other non-domestic insurers. 50 Because § 655.23 matches the requisites of § 3905(d) and reflects the very statutory language contained in the legislative history, we hold that § 655.23 clearly

Woodruff, Randall L. v. Mason, Jo Ann

Court of Appeals for the Seventh Circuit · Sep 5, 2008

The cycle-breaking rule does not apply when the scope of a post-review survey is broadened (as federal regulations clearly allow). … immunity or absolute immunity.

Tari MARSHALL, Plaintiff-Appellant, v. AMERICAN HOSPITAL ASSOCIATION, Defendant-Appellee

157 F.3d 520 · Court of Appeals for the Seventh Circuit · Oct 7, 1998

There are two ways in which a plaintiff may establish a case of pregnancy discrimination in order to avoid summary judgment. … Clearly, Marshall was aware of the absence issue at the time of her termination.

Ramos-Rodriguez v. Holder

549 F. App'x 576 · Court of Appeals for the Seventh Circuit · Jan 9, 2014

The IJ denied the second motion to reopen as number-barred but also concluded that it failed to establish exceptional circumstances. … Although there are four exceptions to this numeric limit, Ramos-Rodriguez does not argue that he qualifies for any of them.

Johnson v. University of Wisconsin-Eau Claire

70 F.3d 469 · Court of Appeals for the Seventh Circuit · Nov 15, 1995

Patricia Duyfhuizen was the only person qualified to teach the 425 book editing course and had *477 received the “excellent” rating. … were authorized, and other persons were more qualified to teach the needed courses).

Washington v. Ameritech Sickness & Accident Disability Benefit Plan

66 F. App'x 656 · Court of Appeals for the Seventh Circuit · May 29, 2003

The Plan therefore determined on October 22, 1997, that Washington did not qualify for disability benefits. … These arguments are clearly without merit.

Consoer, Older & Quinlan, Inc. v. Commissioner

85 F.2d 461 · Court of Appeals for the Seventh Circuit · Jun 12, 1936

The burden was upon it to establish the affirmative, for it was seeking a deduction from its gross income. In this court its burden was even greater. … So tested, petitioner was clearly not an employee. We are not, however, disposed to accept without question any and all definitions of “employee” that the Commissioner may announce.

Samuel C. Hanna, Cross-Appellee v. American Motors Corporation, Cross-Appellant

724 F.2d 1300 · Court of Appeals for the Seventh Circuit · Jan 13, 1984

EEOC, the United States Supreme Court held that when Ford refused to hire three qualified women for a certain position, instead hired three qualified men, later offered the same position to two of the women without seniority … In reviewing the district court’s finding of fact we are bound by the finding unless it is clearly erroneous. Fed.R.Civ.P. 52(a).