Case law

United States v. Filimon Sandoval-Gomez

295 F.3d 757 · Court of Appeals for the Seventh Circuit · Sep 5, 2002

. § 3E1.1, which provides that “[i]f the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels.” … Because we do not find any such exception applicable to the case at bar and because Sandoval-Gomez put the government to its burden of establishing his. factual guilt at trial, we find that the district court did not clearly

United States v. Insurance Consultants of Knox, Incorporated, and Marvin D. Miller

187 F.3d 755 · Court of Appeals for the Seventh Circuit · Aug 18, 1999

Here, Arment’s affidavit established the government’s prima facie case. The defendants have four arguments in rebuttal. … [without immunization] to condemn himself by his own oral testimony.’ ” Id. (internal citations omitted).

United States v. Rumsa. Rumsa v. Hershey

212 F.2d 927 · Court of Appeals for the Seventh Circuit · May 13, 1954

We think that the decisions of the Supreme Court of the United States are clearly against this contention. In Estep v. … He reported for a physical examination on April 25, was found to be physically qualified for military service and was so notified.

Ameritech Benefit v. Communications Work

Court of Appeals for the Seventh Circuit · Jul 13, 2000

The PDA, which established that discrimination based on pregnancy is sex discrimination and that pregnancy must be treated the same as any other short-term disability, made it clear to Ameritech that its NCS system had to … (We note, however, that the Commission is not immune from a transfer of venue under 28 U.S.C. sec. 1404(a), and so this right is not unqualified.)

Cyril Korte v. HHS

735 F.3d 654 · Court of Appeals for the Seventh Circuit · Nov 8, 2013

In other words, where it applies, the church-autonomy principle operates as a complete immunity, or very nearly so. … That qualifies as a substantial burden on religious exercise, properly understood. The plaintiffs have established a prima facie case under RFRA.

Board of Trustees of the University of Illinois, and Cross-Appellant v. Insurance Corporation of Ireland, Limited, and Cross-Appellee

969 F.2d 329 · Court of Appeals for the Seventh Circuit · Jul 20, 1992

The U of I then moved for summary judgment, but the district court found that the policy was not ambiguous, reasoning that as written the policy clearly provided for a single $5,000,000 limit. … Further, as the district court noted, jurisdiction would also likely exist under the Foreign Sovereign Immunity Act, 28 U.S.C. § 1330 . Board of Trustees of the University of Illinois v.

Hollander, Jacque v. Brown, James

457 F.3d 688 · Court of Appeals for the Seventh Circuit · Aug 9, 2006

Reject- ing this contention, the court held that the “[p]laintiff clearly has not pleaded the elements of equitable estoppel.” Id. at 296. … Hol- lander concedes in her appellate brief, this claim does not conform to the equitable estoppel paradigm established by the Illinois case law.

Enviro Tech Int'l v. EPA

Court of Appeals for the Seventh Circuit · Jun 10, 2004

(“OSHA”), which as of yet has established no such limit. … Thus, in order to qualify for the privilege, a document must be both predecisional in the sense that it is “actually [a]ntecedent to the adoption of an agency policy,” and deliberative in the sense that it is “actually .

Illinois Central Railroad Company v. Brotherhood Of Locomotive Engineers

443 F.2d 136 · Court of Appeals for the Seventh Circuit · May 28, 1971

employees of IC in the class or craft of locomotive engineers. 5 All parties agree that historically, as the district court found, on the IC and the railroad industry generally, an employee hired as a fireman may become qualified … The term "enginemen's crafts" is used to include employees in the crafts of engineers and firemen. 6 The first regular work as an engineer performed by a fireman who has qualified to enter the ranks of engineers is usually

Carl Gallo v. Adrian Feinerman

399 F. App'x 118 · Court of Appeals for the Seventh Circuit · Nov 3, 2010

It would therefore not be possible for Gallo to establish the mental state required by Farmer, the court concluded. Gallo disputes that conclusion on appeal. … Whether limitations in the formulary could support a defense of qualified immunity also may be an issue on remand. Cf. Gil v. Reed, 381 F.3d 649, 663 n.3 (7th Cir. 2004).

Cathy Minix v. Frank Canarecci

Court of Appeals for the Seventh Circuit · Feb 26, 2010

This official-capacity claim against the Sheriff is considered one against a municipality, and municipali- ties are immune from punitive damages in § 1983 suits. United States ex rel. Chandler v. … More importantly, without evidence that Madison was on notice of inadequate inmate care by Lonz, we do not see how the full scope of Lonz’s qualifica- tions is relevant to establishing Madison’s deliberate indifference.

Junior J. Shelton v. Old Ben Coal Company and Director, Office of Workers' Compensation Programs, United States Department of Labor

933 F.2d 504 · Court of Appeals for the Seventh Circuit · May 21, 1991

Shelton's pneumoconiosis and his total disability still could not have been established. … In contrast, the objective "percentage" standard would clearly prevent Shelton from receiving benefits on the basis of Dr. Rao's unquantified report.

Carolyn HOLLAND, Plaintiff-Appellant, v. JEFFERSON NATIONAL LIFE INSURANCE COMPANY, Defendant-Appellee

883 F.2d 1307 · Court of Appeals for the Seventh Circuit · Sep 27, 1989

Holland that she was qualified for the job, and she told them that she would take it. However, on December 6, Mrs. … To establish a prima facie case of retaliation under Title VII, Mrs.

Charles DALE, Plaintiff-Appellant, v. CHICAGO TRIBUNE COMPANY, Defendant-Appellee

797 F.2d 458 · Court of Appeals for the Seventh Circuit · Oct 6, 1986

Id. 3 In this appeal, the record clearly establishes that the Tribune communicated its expectations to Dale long before he was terminated. … First, the record clearly establishes that the Tribune extensively argued the issue of Dale’s failure to exhaust his administrative remedies in its motion for summary judgment.

Joan W. v. City of Chicago, a Municipal Corporation

771 F.2d 1020 · Court of Appeals for the Seventh Circuit · Oct 7, 1985

Fact Concerts, Inc., 453 U.S. 247 , 101 S.Ct. 2748 , 69 L.Ed.2d 616 (1981) (municipalities are immune from punitive damages in section 1983 actions). … On the other hand, we do not believe that the evidence of injury is so slight as to justify an entry of remittitur to the $25,000 base figure established in Levka .

Green Bay And Western Railroad Co. v. United States

644 F.2d 1217 · Court of Appeals for the Seventh Circuit · Jul 16, 1981

It was certainly not designed to immunize ConRail from the increased competition in the industry envisioned by the 4R Act. … That Act, which is discussed in greater detail later in this opinion, established the U.S.

Nancy Pacelli, as Independent Administrator of the Estate of Huron Loyd Cain v. Robert Devito

972 F.2d 871 · Court of Appeals for the Seventh Circuit · Aug 25, 1992

Instead he granted summary judgment on grounds of official immunity. As of 1976 there was no clearly established right to the “least restrictive” conditions. Indeed, there was no such right as of 1983, see Johnson v. … Brelje that no right to mental treatment in the “least restrictive environment” was established at all, let alone clearly established, as of 1983. 701 F.2d at 1210.

United States v. Jefferson, Correy

Court of Appeals for the Seventh Circuit · Jul 2, 2003

If the jury instruction was appropri- ate, there was clearly sufficient evidence to support the jury’s verdict. Thus, we move on to the jury instruction itself. … While we agree with the general approach of Mon- teleone, its holding is not as clearly applicable here as the government would have us believe.

In re United States

572 F.3d 301 · Court of Appeals for the Seventh Circuit · Jul 10, 2009

This participation was clearly violative of the specific prohibition in the Federal Rules of Criminal Procedure that forbids the court from becoming involved in plea negotiations. See Fed. … The Judge's view of the future course of this prosecution clearly was favorable to the defendant. . See United States v.

Suzanne M. Bartley v. United States

123 F.3d 466 · Court of Appeals for the Seventh Circuit · Jul 23, 1997

Thus, “when Congress attaches conditions to legislation waiving the sovereign immunity of the Unit *468 ed States, those conditions must be strictly observed, and exceptions thereto are not to be lightly implied.” … Bartley’s suit quite clearly fails to satisfy the second Flast requirement.