Case law

Jasper Cabinet Company v. United Steelworkers Of America

77 F.3d 1025 · Court of Appeals for the Seventh Circuit · Feb 29, 1996

The arbitrator concluded that overtime was not mandatory under the agreement and the union established that the company had violated the agreement. … Article 42 provides: 23 Employees having the greatest amount of seniority shall be given preference in assignment of extra work, provided they are qualified to perform the duties of the available work; however, overtime work

United States v. Jerry Butler

71 F.3d 243 · Court of Appeals for the Seventh Circuit · Nov 27, 1995

The government sought to introduce evidence of the police surveillance and Butler’s gang ta-too, as well as the testimony of fellow, immunized gang, member Rick Powell. … The prosecutor’s comment in this case was clearly not a direct remark on Butler’s decision not to testify.

Matter of Abraham M. Liebling, Bankrupt. Abraham M. Liebling v. Nathan Yorke, Trustee

269 F.2d 94 · Court of Appeals for the Seventh Circuit · Aug 26, 1959

The language of the section hereinbefore quoted indicates quite clearly that cash surrender values of policies were not in contemplation. … The bankrupt’s policy was not due or payable so as to qualify under the Act. Perhaps a more compelling reason is that in 1869 cash surrender values in life insurance policies were unknown. In Ehrhart v.

United States v. Ernesto Mutuc

349 F.3d 930 · Court of Appeals for the Seventh Circuit · Nov 21, 2003

It is clear that, if required, the two witnesses would have been qualified as experts in their fields under Federal Rule of Evidence 702. … establishing trial strategy.”

Alfonse Reichenberger v. Rev. Richard Pritchard

660 F.2d 280 · Court of Appeals for the Seventh Circuit · Oct 21, 1981

The legal fees expended by the plaintiffs in the administrative proceedings cannot qualify as a constitutional injury absent a showing of deprivation of constitutional magnitude. … Nor do we need decide to what extent the defendants’ acts are protected by the doctrine of legislative and derivative immunity recently restated in Gorman Towers, Inc. v.

EEOC v. Target Corporation

Court of Appeals for the Seventh Circuit · Aug 23, 2006

Nothing in Target’s new record keeping policy clearly prevents bad faith destruction of resumes or other employ- ment application documents. … On these facts, a prima facie case of disparate treatment is established when the plaintiff shows the following: 1) the applicant belongs to a racial minority; 2) the applicant applied for and was qualified for a job for

American Federation Of State, County And Municipal Employees v. Tristano

898 F.2d 1302 · Court of Appeals for the Seventh Circuit · Aug 21, 1990

If just cause is established, discipline is imposed. First offenders face a 30-day suspension, mandatory enrollment in a drug program, and subsequent random testing. … The plaintiffs here clearly sued the named state officials in their official capacities under Sec. 1983.

Donald Wilson v. Lori Adams

Court of Appeals for the Seventh Circuit · Aug 23, 2018

To  prove  such  a  claim,  he  6  No. 16‐1889  needed to establish that he suffered from “an objectively seri‐ ous medical condition” and that the “defendant was deliber … CONCLUSION  Because we conclude the grant of summary judgment was  appropriate,  we  do  not  consider  the  defendants’  arguments  regarding qualified immunity.  The judgment of the district court is AFFIRMED.

Montgomery v. American Airlines, Inc.

626 F.3d 382 · Court of Appeals for the Seventh Circuit · Nov 19, 2010

Helton, after consulting with Wells, determined that Montgomery had failed the qualifying test. Pacenti agreed that the test had been fairly adminis- tered. … We first note that, as Montgomery contends he was alone in his protected group, the first category is clearly inapplicable here.

Board Of Trustees Of Knox County (Indiana) Hospital v. Sullivan

965 F.2d 558 · Court of Appeals for the Seventh Circuit · Jul 14, 1992

However, a hospital would be entitled to urban payment rates only if it qualified under subsection (i) as a rural referral center with over 500 beds. … What, one might wonder, is the purpose for subsection (ii), since any hospital meeting the criteria established there is not entitled to any different treatment?

United States v. Johnson

495 F.3d 536 · Court of Appeals for the Seventh Circuit · Jul 30, 2007

The facts of this case clearly demonstrate that probable cause existed for the search. See Illinois v. … This information would more than suffice to establish probable cause upon which to issue a search warrant.

Fed. Sec. L. Rep. P 96,167 William F. Hirk v. Agri-Research Council, Inc., John Burlington, and Glenn Andersen

561 F.2d 96 · Court of Appeals for the Seventh Circuit · Sep 6, 1977

He realizes that because of the virtual identity of the definitions of security contained in the two federal securities laws, any determination that the arrangement qualifies as a security under one statute will control the … Within this tripartite framework, Milnarik applied the well-recognized definition of an investment contract established in SEC v. W. J.

United States v. Arreola-Castillo

539 F.3d 700 · Court of Appeals for the Seventh Circuit · Aug 25, 2008

This was sufficient, in the district court’s eyes, to establish that the prior conviction was, in fact, attributable to the defendant. … The district judge then turned to Arreola-Castillo and said, "If you suffered two or more qualifying state or federal controlled substance felonies, it is life imprisonment without any supervised release.”

Minn-Chem, Incorpora v. Agrium Inco

683 F.3d 845 · Court of Appeals for the Seventh Circuit · Jun 27, 2012

No. 10-1712 13 When Congress decides to strip the courts of subject- matter jurisdiction in a particular area, it speaks clearly. … While “it is the burden of the party who seeks the exercise of jurisdiction in his favor clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution,” FW/PBS, Inc. v.

United States v. Whited

539 F.3d 693 · Court of Appeals for the Seventh Circuit · Aug 25, 2008

Whited concedes that the sexual encounter he and Will were contemplating would qualify as a “thing of value.” … The district court did not clearly err in finding that Whited distributed child pornography in reasonable anticipation of obtaining sex from Will.

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.

Alexander v. Missouri State Life Ins.

68 F.2d 1 · Court of Appeals for the Seventh Circuit · Dec 15, 1933

E. 698, 700 , the Illinois rule pertinent to the question now before us was quite clearly stated. … The reason given for permitting a properly qualified witness to give his opinion as to what did produce certain results or consequences, and not what might have produced them, is that the fact to bo established is, what did

Frank Bros., Inc. v. Wisconsin Department of Transportation, Frank Busalacchi, Secretary, and Marilyn Kuick, Chief Eeo/labor Compliance

409 F.3d 880 · Court of Appeals for the Seventh Circuit · Jun 3, 2005

See 29 U.S.C. § 218 (a) (“No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established … Schlecht, 429 U.S. 401, 411 , 97 S.Ct. 679 , 50 L.Ed.2d 641 (1977) (holding “that the objective of the Davis-Bacon Act is to benefit the contractor’s employees, and that objective is clearly not “frustrated” when contractual

Mangren Research and Development Corporation v. National Chemical Company, Incorporated, and National Mold Release Company

87 F.3d 937 · Court of Appeals for the Seventh Circuit · Jul 3, 1996

Defendants argue that Mangren failed to establish either element here. … Mangren, then, clearly satisfied the first of the statute’s two requirements for a trade secret.

Porter v. Erie Foods International, Inc.

576 F.3d 629 · Court of Appeals for the Seventh Circuit · Aug 7, 2009

We believe the record establishes that Erie Foods’ actions met this standard. … Such conduct, clearly qualifies as egregious for purposes of constructive discharge.