Case law
Opinions from 1658 to today.
9,632 results
4.07s
Heriberto Morales v. Clayton K. Yeutter, Secretary of Agriculture
952 F.2d 954 · Court of Appeals for the Seventh Circuit · Dec 18, 1991
Either remedy presupposes a valid regulation defining entitlement to SAW status, so that the issue is merely whether the alien qualifies for an adjustment of status under the regulation. … One school of thought holds that the verbal differences in standards of judicial review (arbitrary and capricious, clearly erroneous, substantial evidence, abuse of discretion, substantial basis, etc.) mark real differences
Cited 27 timesPublishedUnited States v. Clifford Jones
34 F.3d 495 · Court of Appeals for the Seventh Circuit · Sep 2, 1994
Jones’ reference to reductions granted others hardly establishes that the district court “‘failed to exercise any discretion at all in imposing the sentence.’ ” Plain, 856 F.2d at 916 . Indeed, Mr. … Brann, 990 F.2d 98, 103 (3d Cir.1993) (‘We don’t reach the question of whether house arrest can in fact qualify as pretrial detention.
Cited 28 timesPublished4 F.2d 688 · Court of Appeals for the Seventh Circuit · Oct 17, 1924
It was necessary to first establish the unlawful combination the criminal partnership or association. But it is not necessary, in order to establish a conspiracy that the proof show a written agreement. … Where individuals agree or have a common understanding to grant to those selling intoxicating liquor immunity from prison sentence, the case is brought within the statute, for such immunity has for its real object the maintaining
Cited 121 timesPublishedUnited States v. Johnson C.S. Chu
779 F.2d 356 · Court of Appeals for the Seventh Circuit · Dec 9, 1985
Bethea, 537 F.2d 1187 (4th Cir.1976), both of which are clearly distinguishable from the present case. … “Massiah offers no immunity from liability for uncounseled, and post-indictment statements that involve different criminal acts.
Cited 17 timesPublishedUnited States v. Darryl Rollins
Court of Appeals for the Seventh Circuit · Sep 1, 2015
The application notes to § 4B1.2 specifically list possession of a sawed-off shotgun as a qualifying crime of violence. … Rollins’s Wisconsin felony drug conviction clearly counted as one predicate for career-offender status.
Cited 0 timesPublishedDisability Rights Wisconsin, Inc. v. State Of Wisconsin Department Of Public Instruction
463 F.3d 719 · Court of Appeals for the Seventh Circuit · Sep 13, 2006
Will not almost every record that a P&A agency seeks somehow qualify as relevant to an investigation? … This clearly defeats the purposes of DRW and the federal P&A statutes. 34 We believe that the district court here gave inadequate weight to the whole of the statutory scheme and undue emphasis to a technical reading of certain
Cited 10 timesPublished501 F.3d 796 · Court of Appeals for the Seventh Circuit · Sep 5, 2007
The FDCPA is a procedural vehicle available to the United States under federal law for the enforcement of its civil judgments; the Ninth Circuit held that by “importing the FDCPA’s procedures into the MVRA, Congress clearly … state law to determine what rights the taxpayer [or in this case, the criminal defendant] has in the property the Government seeks to reach, then to federal law to determine whether the taxpayer’s state-delineated rights qualify
Cited 52 timesPublishedBoard of Education of Chicago v. Alexander
983 F.2d 745 · Court of Appeals for the Seventh Circuit · Dec 17, 1992
Consequently, to provide children attending sectarian schools with the Chapter 1 instruction for which they qualify and to comply with Felton , arrangements for other than onsite delivery of services had to be devised. … The context in which this Establishment Clause challenge arises is somewhat unusual.
Cited 2 timesPublishedSarbjit Singh v. Jefferson B. Sessions III
Court of Appeals for the Seventh Circuit · Jul 26, 2018
Rather, the court record establishes that the conviction was vacated as a result of a plea agree- ment between Singh and the state prosecutor. … LEXIS 4234, at *3 (BIA Aug. 30, 2010) (holding that a potential sentence of one year qualifies as “one year or longer”).
Cited 0 timesPublished134 F.2d 378 · Court of Appeals for the Seventh Circuit · Mar 10, 1943
That the wound was inflicted by the insured’s own revolver is so clearly shown as to admit of little, if any, doubt. The robbery theory embraces the surmise that the insured’s own gun was seized and fired by a robber. … As to (a), it is argued that this testimony was not concerned with matter proper for expert testimony, and, further, even so, the witness was not qualified to express an opinion.
Cited 11 timesPublishedLac Du Flambeau Band Of Lake Superior Chippewa Indians v. Gale Norton
422 F.3d 490 · Court of Appeals for the Seventh Circuit · Sep 1, 2005
Because Ho-Chunk enjoys sovereign immunity, however, the district court concluded that it could not be joined as a defendant. … This clearly amounts to a concrete injury. See Clinton v.
Cited 0 timesPublished97 F.4th 1054 · Court of Appeals for the Seventh Circuit · Apr 8, 2024
Even if such a difference could be posited in the abstract, accessing child pornography still clearly bears the requisite connection to the possession or receipt of child pornography. … In short, there is inevitably a zone within which the de- regulatory framework established by the federal Act must be free to reign, and a space beyond that line in which state law is free to continue to operate.
Cited 11 timesPublishedNational Labor Relations Board v. Local 307
469 F.2d 403 · Court of Appeals for the Seventh Circuit · Aug 24, 1972
Spitale explained that a "fair" contractor was someone who was "fair with us" and who "paid the prevailing wages established in the area," whereas Meyer hired "foreigners" and did not pay them more than $4.00 an hour. … Thus, if the union's purpose in picketing were to coerce the secondary employer, and that purpose were communicated to the secondary, formal compliance with the standards will not immunize a union or its agents from an action
Cited 0 timesPublished832 F.2d 1446 · Court of Appeals for the Seventh Circuit · Dec 9, 1987
Petitioner contends that had this information reached the State's Attorney's Office earlier, Farris would never have been granted immunity. … The only aggravating factor in that subsection under which petitioner might qualify is (b)(6), which requires a showing that petitioner actually killed Donald Bivens during the course of an armed robbery.
Cited 1 timesPublishedCourt 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.
Cited 0 timesPublishedNational Labor Relations Board v. International Union of Operating Engineers, Local No. 139
425 F.2d 17 · Court of Appeals for the Seventh Circuit · Feb 27, 1970
He did not qualify for membership in the Mother Local (with an initiation fee of $286.-00) since he lacked the skill to operate the requisite five pieces of equipment. … The Board’s argument clearly exceeds the Spector rule. No ease cited by the Board supports its argument that a reinstatement fee may not be “geared to” back dues. No definition of the verb “gear” is appropriate here.
Cited 11 timesPublished63 F.3d 621 · Court of Appeals for the Seventh Circuit · Aug 18, 1995
Established canons of statutory construction lead us to conclude that the Trustee’s broad reading of Section 9 is incorrect. … Absent a clearly expressed intention contrary to those more specific provisions, see Consumer Product Safety Com’n v.
Cited 50 timesPublishedSarbjit Singh v. Jefferson B. Sessions III
Court of Appeals for the Seventh Circuit · Jul 26, 2018
Rather, the court record establishes that the conviction was vacated as a result of a plea agree- ment between Singh and the state prosecutor. … LEXIS 4234, at *3 (BIA Aug. 30, 2010) (holding that a potential sentence of one year qualifies as “one year or longer”).
Cited 0 timesPublished701 F.2d 677 · Court of Appeals for the Seventh Circuit · Mar 2, 1983
Accordingly, since this finding is “not clearly erroneous,” Sangmeister v. Woodard, 565 F.2d at 464-65 , it will not be disturbed by this court. … Linde Air Products Co., 339 U.S. 605 , 70 S.Ct. 854 , 94 L.Ed. 1097 (1950). 5 There is no doubt that he was eminently qualified to render technical assistance to the court.
Cited 60 timesPublishedSherrie Baker v. EI du Pont de Nemours and Comp
Court of Appeals for the Seventh Circuit · Jun 18, 2020
Clearly, the parties dispute whether the Residents’ injuries arise from products DuPont manufactured for the government. … (“Baltimore”), the Fourth Circuit concluded that simply selling the Navy Exchange Service Command (“NEXCOM”) fuel for resale on Navy bases was insufficient to qualify for the de- fense and therefore removal. 952 F.3d 452,
Cited 0 timesPublished
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