Case law

Portage Plastics Company, Inc. v. United States

486 F.2d 632 · Court of Appeals for the Seventh Circuit · Mar 2, 1973

Plaintiff did not establish a sinking fund to provide for the retirement of the obligations within the time periods provided. Mrs. … In the aggregate, these factors were found clearly to outweigh those suggesting that the advances constituted loans.

Emil Roman and Dochita Roman, 1 v. Immigration and Naturalization Service, and Janet Reno, Attorney General of the United States

233 F.3d 1027 · Court of Appeals for the Seventh Circuit · Dec 5, 2000

Clearly the management of the government owned airline for which [Mr. Roman] worked viewed him as not supporting the Communist Party philosophy.” R.3. … Asylum To qualify for asylum, Mr.

Celia Morales-Morales v. John Ashcroft, Attorney General of the United States

384 F.3d 418 · Court of Appeals for the Seventh Circuit · Sep 15, 2004

We come to this result instead because the statute does not clearly indicate that the exclusion from judicial review is so extreme as to purport to authorize the Attorney General to disregard both the Constitution and the … We therefore conclude that Romalez-Alcaide establishes only that a voluntary departure that occurs under the threat of removal breaks the alien’s continuous physical presence in the United States for purposes of establishing

United States v. Freeman

650 F.3d 673 · Court of Appeals for the Seventh Circuit · Jun 17, 2011

That is, Napue only applies when the truth or falsity of the testimony can be established. The government’s argument is misplaced. For one, Williams’s false testimony was conclusively established. … The defense attorneys’ cross-examination was, at times, effective in qualifying, minimizing, or casting doubt on the testimony of Demarquis Williams and Ralph LaSalle.

United States v. Rogan

517 F.3d 449 · Court of Appeals for the Seventh Circuit · Feb 20, 2008

Rogan does not try to show that any of the detailed factual findings on this score is clearly erroneous. (His argument that the district judge had to address each of the 1,812 claim forms is a formula for paralysis. … Perhaps this means that the Excessive Fines Clause also is inapplicable, though Browning-Ferns does qualify its holding by saying that penalties paid to the sovereign can be “fines” under the Eighth Amendment. 492 U.S. at

Deon L. Thomas v. Bruce Pearl, Individually and in His Representative Capacity as Assistant Basketball Coach of the University of Iowa

998 F.2d 447 · Court of Appeals for the Seventh Circuit · Jul 30, 1993

Clearly, Pearl as a state employee would have acted under color of law if Thomas were alleging that the coach violated his constitutional rights in a § 1983 action. But that is not this ease. … The district court dismissed Thomas’ allegations almost in passing because he did not try to establish the elements of a cause of action in tort.

United States v. Judd Hirschberg and Richard D. Lowrance

988 F.2d 1509 · Court of Appeals for the Seventh Circuit · Jun 1, 1993

The prosecution objected to the evidence and argued that it did not clearly reveal bias. The prosecution also argued that damaging explanatory evidence would be offered to rehabilitate the witness. … Rule 702, however, applies to witnesses that are qualified as experts, and the defense did not seek to qualify the witness as an expert. (Tr. 1188). Therefore, Rule 702 does not apply.

Francis N. Marrocco, Individually, and as Father and Next Friend of Francis A. Marrocco and Stefani Marrocco, Minors, Donna Marrocco, and Madlaine Marrocco v. General Motors Corporation, John E. Jones and Janice Jones v. Goodyear Tire and Rubber Company

966 F.2d 220 · Court of Appeals for the Seventh Circuit · Jul 7, 1992

The conduct of their experts and attorneys clearly transgressed the court's protective order: they arranged for Francis Marrocco to have the yard where his car was kept opened during the weekend--when it would otherwise be … However, in our view the plaintiffs' wilful and unexcused violations of the protective order here certainly qualify as "contumacious conduct."

TOWN OF SOUTH WHITLEY, WHITLEY COUNTY, INDIANA, Plaintiff-Appellant, v. CINCINNATI INSURANCE COMPANY, Defendant-Appellee

921 F.2d 104 · Court of Appeals for the Seventh Circuit · Dec 26, 1990

The Indiana statutes relied upon by the district court establish a “town” as a legal entity intended to regulate local public affairs. … Clearly, Exclusion (h)(2) conceives of South Whitley exercising deci-sionmaking authority and implementing policy.

Steber v. Kohn

149 F.2d 4 · Court of Appeals for the Seventh Circuit · Apr 18, 1945

Clearly you have not proved this defendant responsible. … There is clearly no connection.

Denada M. Bace v. John Ashcroft, United States Attorney General

352 F.3d 1133 · Court of Appeals for the Seventh Circuit · Dec 18, 2003

INS, 50 F.3d 469, 472 (7th Cir.1995). 1) Past Persecution To qualify for asylum, the Baces must show that they are refugees within the meaning of the INA by proving that they were persecuted in the past on account of race … Regardless, the attackers clearly had a political motivation. We believe the Baces have presented ample evidence of past persecution on account of political opinion.

International Union of Operating Engineers, Local 150, Afl-Cio v. National Labor Relations Board, and Terracon, Incorporated, Intervenor-Respondent

361 F.3d 395 · Court of Appeals for the Seventh Circuit · Mar 16, 2004

The NLRB never mentioned that agreeing the authorization cards were signed could also qualify as implicit recognition of a union. … We conclude that neither of these statements establish Terracon’s clear and unequivocal agreement to bargain with the Union.

Johnson, Van Dyke v. Doughty, Stephen

Court of Appeals for the Seventh Circuit · Jan 17, 2006

Subsequently, the district court denied defendants’ motions to dismiss, concluding that they were not en- titled to qualified immunity. … In my view, the district court selected a course of proceed- ing that was clearly inappropriate.

In Re Boone County Utilities, LLC

506 F.3d 541 · Court of Appeals for the Seventh Circuit · Oct 22, 2007

Generally speaking, courts have set out a number of requirements for a document *545 to qualify as an informal proof of claim. … Proof of claim 16 is clearly untimely. After the deadline for claims, one day before the hearing (which had been adjourned two times), amended claim 16 was filed.

Sherrie 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,

Anthony Simpkins v. DuPage Housing Authority

Court of Appeals for the Seventh Circuit · Jun 20, 2018

He also points  out  that  DHA  often  hired  other  individuals  to  do specialized work that he was not qualified to do.  … CONCLUSION For the foregoing reasons, the district court’s judgment is vacated, the dismissed state law claims are reinstated, and the case is remanded for a trial to conclusively establish the facts surrounding the parties

Michael Bost v. Illinois State Board of Elections

Court of Appeals for the Seventh Circuit · Aug 21, 2024

Be that as it may, even with their affidavits, Plaintiffs can- not establish the injury in fact necessary for Article III stand- ing. … Campaign expenses readily qualify as both “concrete” and “particularized”—the first two prongs of Article III standing. See TransUnion LLC v.

United States v. Reginald Davis

Court of Appeals for the Seventh Circuit · Jul 20, 2009

To correct the prejudicial effects of Miller, we have established remand procedures for crack offenders sentenced prior to Kimbrough. … Because “this circuit clearly and consis- tently has refused to recognize any defense based on either ‘sentencing manipulation’ or on asserting ‘outra- geous government conduct,’ ” White, 519 F.3d at 346, Davis’ manipulation

United States v. Shelia Swan

486 F.3d 260 · Court of Appeals for the Seventh Circuit · May 8, 2007

BOURGEOIS: Clearly, we have no evidence that either one of these parties said that. THE COURT: It is an admission through a party opponent through an agent. Overruled. (R. 75-3 at 352-53.) … In questioning Agent Miller, the government sufficiently established the agency relationship and the scope of that agency.

United States v. Upton, Tavon A.

Court of Appeals for the Seventh Circuit · Jan 9, 2008

To obviate any prejudice, the government agreed to clearly separate Everman’s expert and lay testimony. … These convictions clearly qualify under the Act. In light of his recidivism, Upton’s convictions were Class 4 felonies, which allow for one to three years’ imprisonment. 730 ILCS 5/5-8-1(7).