Case law

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.

United States v. Sagarsen Haldar

751 F.3d 450 · Court of Appeals for the Seventh Circuit · Apr 30, 2014

“Religious worker” is a broader category, though the requirements for qualifying are quite demanding. … (None of the three had been charged with a crime when they testified, but none had been promised immunity either.)

Westinghouse Electric Corporation v. National Labor Relations Board

424 F.2d 1151 · Court of Appeals for the Seventh Circuit · Apr 28, 1970

Clearly outside the unit, but attached to these offices, are two clerical employees and five supervisory employees. … These instances do suggest supervisory status, although the record does not clearly establish a uniform pattern.

Haywood, David v. City of Chicago

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

We needn’t resolve the one-hour issue, however, because there is still the missing tan card and its absence clearly created probable cause to arrest Haywood. … Nor do the officers argue qualified immunity in this court.

Jack W. Savage v. Commodity Futures Trading Commission

548 F.2d 192 · Court of Appeals for the Seventh Circuit · Jan 17, 1977

Butts, 388 U.S. 130, 150 , 87 S.Ct. 1975, 1989 , 18 L.Ed.2d 1094 (1967): “A business ‘is not immune from regulation because it is an agency of the press. .’ … In appraising Savage’s contentions, we must be mindful of a Congressional purpose, clearly evidenced at least since 1933, to protect the American investing and speculating public not only from fraud and fraudulent practices

Lac Courte Oreilles Band of Lake Superior Chippewa Indians, Plaintiffs- Cross-Appellees v. Lester P. Voigt, Cross-Appellants. United States of America, Plaintiff-Cross-Appellee v. State of Wisconsin, a Sovereign State, and Sawyer County, Wisconsin, Defendants-Cross-Appellants

700 F.2d 341 · Court of Appeals for the Seventh Circuit · Mar 8, 1983

The second is the meaning of the qualifying language in the two relevant treaties. … Such a conclusion would be clearly inconsistent with precedent such as United States v. Winans, 198 U.S. 371 , 25 S.Ct. 662 , 49 L.Ed. 1089 (1905); see Section IV(B)(1), supra.

United States v. William A. Croft

750 F.2d 1354 · Court of Appeals for the Seventh Circuit · Feb 12, 1985

For purposes of review, we are guided by the clearly established rule of law that the “trial court has broad discretion in ascertaining the admissibility of business records, and its ruling should be disturbed only when that … The record reveals that Laurel Johnson's services were paid for out of the special EPA account established by the University of Wisconsin.

United States v. Jose Luis Pizarro and Miguel Rodriguez

717 F.2d 336 · Court of Appeals for the Seventh Circuit · Oct 20, 1983

First, with respect to Rodriguez’s relevancy contention, the government’s inquiry into the identity of Rodriguez’s heroin supplier was clearly directed at establishing “a fact that [was] of consequence to the determination … Having elected to place his version of the facts before the jury, he cannot reasonably claim immunity from the truth-seeking process on grounds unrelated to any governmental act. Piemonte v.

Downstate Stone Company, an Illinois Corporation v. United States of America

651 F.2d 1234 · Court of Appeals for the Seventh Circuit · Jul 21, 1981

Moreover, the letter clearly urged all parties to exercise restraint and to resolve the issue peacefully through appropriate civil proceedings. … Downstate's quiet title action is premised on subsection (a) of 28 U.S.C. § 2409a; it forms the jurisdictional basis and waiver of sovereign immunity for plaintiff's action.

Gerald Judge v. Roland Burris

Court of Appeals for the Seventh Circuit · Sep 28, 2010

Governor Quinn urged the court to reject that idea, arguing that an entirely novel qualifying procedure would be much too complicated to implement in the short time that remained. … Sanders, 376 U.S. 1, 6-7 (1964) (noting that “nothing in the language of [the Elections Clause] gives support to a construction that would immunize state congressional apportionment laws which debase a citizens right to vote

Wiljef Transportation, Incorporated, Petitioner-Cross-Respondent v. National Labor Relations Board, Respondent-Cross-Petitioner

946 F.2d 1308 · Court of Appeals for the Seventh Circuit · Nov 6, 1991

A by-law stating corporate policy — which might be rescinded, amended or ignored — is not by itself enough to immunize an employer from scrutiny for coercive actions. … As noted, Wiljef s interpretation of Gissel and Darlington is clearly not mandated by the language of those cases.

Lawson, John v. CSX Transportation

Court of Appeals for the Seventh Circuit · Mar 26, 2001

Clearly, the ability to eat is integral to one’s daily existence, as much or more so than the activities listed in the implementing regulations. … The record before us establishes that Mr. Lawson’s impairment is serious and severe.

Reebie Storage and Moving Company, Incorporated, Petitioner/cross-Respondent v. National Labor Relations Board, Respondent/cross-Petitioner

44 F.3d 605 · Court of Appeals for the Seventh Circuit · Jan 12, 1995

the evidence established that the union requested the information because the employer had not applied the contract to all members of the bargaining unit. … Under the current test, I believe that the complaint, as *613 the Board found, clearly qualifies as “closely related” to the charge.

Carriers Traffic Service, Inc. v. Anderson, Clayton & Company, and United States of America and Interstate Commerce Commission, Inman Freight Systems, Inc. And Jim S. Green, Trustee v. Boise Cascade Corporation, and United States of America and Interstate Commerce Commission, Orscheln Brothers Truck Lines, Inc., Barry S. Schermer, Trustee, Assignor, and Carriers Traffic Service, Inc., Assignee,plaintiffs/petitioners-Appellants v. Cooper Industries, Inc., and United States of America and Interstate Commerce Commission

881 F.2d 475 · Court of Appeals for the Seventh Circuit · Aug 7, 1989

preventive of unjust discrimination, must mean that the railroads shall be operated under a system of fixed rates ... and any deviation therefrom should be declared unlawful"); see also Dempsey, Rate Regulation and Antitrust Immunity … In Cooper the court quite clearly reviewed under both the "arbitrary and capricious" and "substantial evidence" standards.

In the Matter of Roxolana Harasymiw, Debtor. Selfreliance Federal Credit Union, Cross-Appellant v. Roxolana Harasymiw, Cross-Appellee

895 F.2d 1170 · Court of Appeals for the Seventh Circuit · Mar 8, 1990

Second, Harasymiw challenges the district court’s $267,000 valuation of the Chicago property as clearly erroneous. … Harasymiw asserts that if the loan policy is used to evaluate her application, she does not qualify for the loan even with the nondisclosure of the $128,000 mortgage.

United States v. James Phillips

914 F.2d 835 · Court of Appeals for the Seventh Circuit · Sep 24, 1990

concerning the following areas: 1) the defendant’s prior record or history of gambling; 2) any statements from Weichman, Gjebre, or Hetrick regarding gambling; 3) any statement concerning Phillips’s present employment; 4) the immunity … We cited the following means of establishing materiality: The foreperson or some other member of the grand jury may be called to establish the investigation’s scope.

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

Bodimetric Health Services, Inc. v. Aetna Life & Casualty

903 F.2d 480 · Court of Appeals for the Seventh Circuit · Jun 5, 1990

In this section, Congress clearly expressed its intent not to alter the substantive scope of section 405(h). … But Congress, through its establishment of a limited review process, has provided the remedies it deems necessary to effectuate the Medicare claims process. Neiman, 722 F.Supp. at 953 ; see Schweiker v.

Lee Martin, of the Estate of Esther S. Martin and Trustee of the Esther S. Martin Living Trust v. The United States of America

833 F.2d 655 · Court of Appeals for the Seventh Circuit · Jan 11, 1988

Esther Martin died in June, 1981 leaving the bulk of her estate with a life interest to her husband and the remainder to qualified charitable beneficiaries. … But the estate failed to meet the explicit statutory prerequisite to the government’s waiver of sovereign immunity in a suit for refund.

Ratliff v. City of Milwaukee

795 F.2d 612 · Court of Appeals for the Seventh Circuit · Jul 9, 1986

Though she eventually passed the criminal law exam and was found qualified in firearms skills, she continued to have a great deal of trouble writing reports. … She also stated that he told her that she was unqualified, that others were more qualified and that she should not be at the Academy.