Case law

Michael Bost v. Illinois State Board of Elections

Court of Appeals for the Seventh Circuit · Aug 22, 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.

Clarence Eugene Wilson v. Leo J. Meyer, Warden

665 F.2d 118 · Court of Appeals for the Seventh Circuit · Nov 16, 1981

This rule has been partially qualified in Burks v. … If Wilson’s felony murder conviction had been determined on appeal to have been based upon insufficient evidence, clearly no reprosecution could have been permitted. Burks v.

Thomas A. Biskup v. Gary McCaughtry

20 F.3d 245 · Court of Appeals for the Seventh Circuit · Mar 23, 1994

He was first charged with hit and run, granted immunity to testify against the appellant, and that charge dismissed upon his testifying against the appellant. … Judicial guidelines have been established in this circuit and elsewhere which attempt to accommodate this particular evidentiary phenomenon. This circuit has done so in United States v.

United States v. Gerald Davis

772 F.2d 1339 · Court of Appeals for the Seventh Circuit · Sep 5, 1985

Morrison failed to show that she was qualified as an expert to testify on the specific question presented by this particular case, and that her very testimony confirmed this lack of expertness. … Quite clearly, it could not assist a jury to determine the central fact that would be in issue in Davis’s insanity defense.

Gerald Judge v. Roland Burris

Court of Appeals for the Seventh Circuit · Oct 4, 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 Elec- tions Clause] gives support to a construction that would immunize state congressional apportionment laws which debase a citizen’s right to

Pierce Rosenberg, of the Estate of Benjamin Rosenberg v. United States

309 F.2d 724 · Court of Appeals for the Seventh Circuit · Nov 14, 1962

He was the president of the Benjamin Rosenberg Company (later Grand Apparel Company) which in November, 1937, established a pension plan and trust for certain of its employees. … The plan, as amended in 1943, was a qualified plan and exempt trust under Section 165 of the Internal Revenue Code of 1939.

United States v. Victor Elizondo, Juan Carlos Colin, Valdemar Colin, Alejandro Rodriguez and Fernando Rodriguez

920 F.2d 1308 · Court of Appeals for the Seventh Circuit · Dec 19, 1990

Tom Koss, Alma Garay, and the Morgans were granted immunity from prosecution in return for their testimony at trial. … Arturo, then serving time for his parole violation, also agreed to cooperate with the government in exchange for immunity.

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

Anthony W. Cvelbar v. Cbi Illinois Incorporated

106 F.3d 1368 · Court of Appeals for the Seventh Circuit · Feb 14, 1997

“ERISA is clearly a statute of general application, one that envisions inclusion within its ambit as the norm.” Smart v. State Farm Ins. Co., 868 F.2d 929, 933 (7th Cir.1989). … Cvelbar's, would qualify as “parachute payments” under § 280G of the Internal Revenue Code of 1986.

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.

Centel Communications Co. v. Commissioner

920 F.2d 1335 · Court of Appeals for the Seventh Circuit · Dec 17, 1990

At trial, the Commissioner introduced expert testimony to establish that the warrants did not have a readily ascertainable value in 1978. while Davis, Grey and Electric introduced contrary testimony. … The evidence at trial, in the Commissioner’s opinion, established that the warrants’ value was not ascertainable in 1978.

East Chicago Rehabilitation Center, Inc. v. National Labor Relations Board

710 F.2d 397 · Court of Appeals for the Seventh Circuit · Jun 27, 1983

in their establishments.” … established a picket line outside the employer’s premises.

United States v. McCauley

659 F.3d 645 · Court of Appeals for the Seventh Circuit · Oct 6, 2011

If the government makes such a showing, the bur- den shifts to the defendant to show that “it is clearly improbable that the weapon was connected with the offense.” Id. … Had it not been imposed, he might well have qualified for the “safety valve” provision of U.S.S.G. § 5C1.2(a)(1)- (5), and potentially have been exempted from the 60-month mandatory minimum sentence the court imposed.

United States v. Walter Tranowski

659 F.2d 750 · Court of Appeals for the Seventh Circuit · Aug 31, 1981

Lojkutz recalled the date clearly because she had only recently purchased a peach-colored gown, and noticed that Mrs. Kniebusch was wearing a similarly-colored gown at the time the pictures were taken. … If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training

United States v. Sykes

7 F.3d 1331 · Court of Appeals for the Seventh Circuit · Oct 22, 1993

Sykes does not challenge on appeal the inclusion of the count II and count III acts as relevant conduct, but she argues that the acts charged in count IV do not so qualify. … Because the government established a sufficient factual basis for the acts charged in count IV and because the district court's assessment of Sykes' credibility was not clearly erroneous, we consider whether those acts amount

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.

Milwaukee Plywood Company v. National Labor Relations Board

285 F.2d 325 · Court of Appeals for the Seventh Circuit · Dec 20, 1960

It was clearly the Congressional intent to protect neutral employers from work stoppages at their own places of business. … In the instant case, there was no clearly unlawful activity such as going to a neutral situs or an extensive program to enforce “hot cargo” agreements.

National Labor Relations Board v. Austin Developmental Center, Inc.

606 F.2d 785 · Court of Appeals for the Seventh Circuit · Oct 12, 1979

The Board has held that in order to qualify for exemption the private school must show direct and substantial control over its operations by the contracting public agency. … No. 64 (1979), clearly indicates that the Board recognizes the test as a discretionary limitation. 10 . The Board recently indicated that it will no longer employ the intimate connection test.

William O. Mozee, Gregory L. Rankin, Frederick Williams v. American Commercial Marine Service Company

940 F.2d 1036 · Court of Appeals for the Seventh Circuit · Aug 14, 1991

The company neglected to establish means by which it could monitor compliance with the plans’ objectives. … Of course, this brings the “clearly erroneous” standard into play. Id. at 309 .

United States v. Donald Lloyd Hulsey

463 F.2d 1071 · Court of Appeals for the Seventh Circuit · Jun 5, 1972

The burden is on the registrant to provide the information which clearly establishes his right to the classification he seeks. McCoy v. United States, 5 Cir., 1968, 403 F.2d 896, 899-900 . … This gave rise to a conjecture that the Board was relying on the earlier requirement of belonging to an established religious sect.