Case law

The Fluor Corporation, Ltd., a California Corporation v. Illinois Power Company, an Illinois Corporation

326 F.2d 374 · Court of Appeals for the Seventh Circuit · Jan 9, 1964

Watkins, Esquire, a reputable member of the Chicago, Illinois Bar, qualified and served as the special master throughout this proceeding. … It is well established that a special master’s findings of fact are not to-be set aside unless clearly erroneous. Olson Rug Company v. N. L. R. B., 7 Cir.,. 304 F.2d 710, 712 (1962); Knab Co. v. St.

Tommy R. Pruitt v. Ron Neal

788 F.3d 248 · Court of Appeals for the Seventh Circuit · Jun 2, 2015

Dare concluded that Pruitt’s “school records overall, both his IQ testing as well as his functioning in society and in school, they clearly point to a student who qualifies under the special education category of mild [intellectually … A state-court decision is contrary to clearly established federal law “if it applies a rule that contradicts the governing law set forth in [a Supreme Court case], or if it confronts a set of facts that is materially indistinguishable

United States v. Linda Frykholm

267 F.3d 604 · Court of Appeals for the Seventh Circuit · Sep 25, 2001

She did so by sending out bad checks drawn upon a new account she established in the name of Newco Trust at the National City Bank in Belvidere, Illinois. … In order to qualify for a downward departure for acceptance of responsibility, a defendant must: “1) demonstrate that [she] clearly recognizes and affirmatively accepts responsibility for [her] conduct; 2) timely notify authorities

United States v. James Winbush, Jr.

Court of Appeals for the Seventh Circuit · Sep 1, 2009

Even if we accept his contention, however, the “Tennessee crack” would have qualified as related conduct. See U.S.S.G. § 1B1.3(a)(2). … Because work release in a county jail “is more akin to confinement in a conven- tional prison facility,” we concluded that it qualified as a sentence of imprisonment. Id.

Glenview Park District v. Melhus

540 F.2d 1321 · Court of Appeals for the Seventh Circuit · Sep 16, 1976

Proximate Cause 18 The testimony at trial established that George Melhus was an inexperienced canoer and a non-swimmer. … It was clearly erroneous to rule that the omissions of Glenview did not proximately cause the death of George Melhus.

King v. Kramer

680 F.3d 1013 · Court of Appeals for the Seventh Circuit · May 25, 2012

she chose to remove King from his cell—where his cellmates could call for help if he ex- perienced another seizure—to a padded cell where the intercom system was difficult to hear, the camera image quality was too poor to clearly … Ct. 1657 (2012), to the effect that private contractors are entitled to assert qualified immunity, suggests by parity of rea- soning that they are state actors for other purposes as well.)

Robert A. Collins v. Michael L. Sposeep

978 F.2d 1261 · Court of Appeals for the Seventh Circuit · Oct 23, 1992

Collins' arrest and custody. 53 a. 54 The defense of qualified immunity protects government officials in certain contexts. … City of Michigan City, 685 F.Supp. 1457 (N.D.Ind.1988), and whether the rights allegedly violated were clearly established at the time of the events in question. Hedge v.

Lawrence Head v. Chicago School Reform Board of Trustees

225 F.3d 794 · Court of Appeals for the Seventh Circuit · Aug 25, 2000

See Swick, 11 F.3d at 86-88 (pecuniary losses qualify as actionable deprivations of property). … The district court did not consider whether the Board had established any of the contractual grounds for terminating its contract with Head.

Roderick Lewis v. Dushan Zatecky

993 F.3d 994 · Court of Appeals for the Seventh Circuit · Apr 13, 2021

Rare though Cronic cases may be, we think that this one qualifies. … So “[w]ithout clearly established law mandating relief, we [could not] grant it under AEDPA.”

Dell v. Board Of Education

32 F.3d 1053 · Court of Appeals for the Seventh Circuit · Aug 9, 1994

Finally, they contend that the State defendants do not have Eleventh Amendment immunity. We consider each of these issues in turn. II DISMISSAL OF IDEA CLAIMS A. … The IDEA clearly reflects a goal of avoiding delay in resolving education questions and in meeting the educational needs of the disabled child.

United States v. Danny Turner

709 F.3d 1187 · Court of Appeals for the Seventh Circuit · Mar 4, 2013

Additionally, the examiner who had reviewed the testing analyst’s work certified that the analyst “was qualified to conduct the [blood- alcohol concentration] test, and that the established proce- dure for handling and analyzing … Ct. at 2717 (discussing why signed but unsworn report can still qualify as testimonial for purposes of Confrontation Clause).

United States v. James Di Santis

Court of Appeals for the Seventh Circuit · May 4, 2009

of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities … “To establish entitlement to a missing witness instruction, a defendant must prove two things: first, that the absent witness was peculiarly within the govern- ment’s power to produce; and second, that the testimony would

Girl Scouts of Manitou Council, Inc. v. Girl Scouts of United States of America, Inc.

549 F.3d 1079 · Court of Appeals for the Seventh Circuit · Dec 15, 2008

Ty, 237 F.3d at 896 ; Abbott Labs., 971 F.2d at 13 ; see also Lawson Prods., 782 F.2d at 1437 (“Clearly, a factual or legal error may alone be sufficient to establish that the court ‘abused its discretion’ in making its final … Manitou clearly risks irreparable harm if it is not granted the protection of a preliminary injunction.

United States v. Lewis, DeWayne

Court of Appeals for the Seventh Circuit · Jun 15, 2005

Agent Loran’s affidavits, however, do not clearly indicate what the employees witnessed. … There is nothing “official” about Lewis’s action, and thus it does not qualify for the exemption recognized by § 1515(c).

Oriental Health Spa, Its Manager and Employees, and Martha Clampitt D/B/A Tender Touch v. City of Fort Wayne

864 F.2d 486 · Court of Appeals for the Seventh Circuit · Dec 15, 1988

The court reached the merits in Falk because the challenged rule clearly “threatened injury” to the psychologists. The same cannot be said of the provision here. … The videotape was properly qualified as an exception to the hearsay rule under Federal Rule of Evidence 803(8), as an official public record.

Alton J. Smart v. State Farm Insurance Co.

868 F.2d 929 · Court of Appeals for the Seventh Circuit · Feb 15, 1989

The issue before us is whether Congress intended ERISA to include an employment benefit plan which is established and maintained by an Indian Tribe employer for the benefit of Indian employees working at an establishment … The concept is clearly more limited then the broad vision of sovereignty that Smart portrays. 6 .

James Edward Wilks v. Thomas Israel, Warden, Wisconsin State Prison

627 F.2d 32 · Court of Appeals for the Seventh Circuit · Jul 22, 1980

The court clearly indicated it would not appoint new counsel for petitioner. Yet, the petitioner persisted in his desire to discharge Demet and have new court-appointed counsel. … The fact that all of the facts upon which the petitioner relies were presented to the state courts is insufficient to establish exhaustion. Macon v. Lash, 458 F.2d 942, 948 (7th Cir. 1972).

James J. Reiherzer v. Daniel J. Shannon, and Central States, Southeast and Southwest Areas Pension Fund

581 F.2d 1266 · Court of Appeals for the Seventh Circuit · Aug 11, 1978

qualified plan. … The district court found that Reiherzer was “at least a supervisor” and this finding is not clearly erroneous. 25 . Trial Transcript at 75 (testimony of Mr. Murtha). 26 .

Adolph Saenz v. Playboy Enterprises, Inc. And Roger Morris

841 F.2d 1309 · Court of Appeals for the Seventh Circuit · Feb 26, 1988

OPS was an adjunct of the State Department established after World War II for the express purpose of helping underdeveloped countries establish criminal justice procedures grounded on democratic principles. … of free expression,” the New York Times Court also noted that “[ljike insurrection, contempt, advocacy of unlawful acts, breach of the peace, obscenity, solicitation of legal business, ... libel can claim no talismatic immunity

Metavante Corp. v. Emigrant Savings Bank

619 F.3d 748 · Court of Appeals for the Seventh Circuit · Aug 30, 2010

Cooperative Plus, Inc. where the expert clearly deviated from the established scope of his expected opinion. 527 F.3d 635, 641-42 (7th Cir. 2008). … Nos. 09-3007, 09-3996 27 These findings are not clearly erroneous.