Case law

Hsuan Wei v. Robert Robinson, District Director, Etc.

246 F.2d 739 · Court of Appeals for the Seventh Circuit · Jun 28, 1957

September 27, 1954—-Waiver, by Wei, of rights, privileges, exemptions and immunities under § 247(b) of the Immigration and Nationality Act of 1952. March 2, 1955—Hearing on Wei’s claims under § 6, Refugee Relief Act. … Clearly from the foregoing time-table, the effective date of the Immigration and Nationality Act of 1952 followed after Wei legally entered the United States, 66 Stat. 281 , 8 U.S.C.A. § 1101 et seq.

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.

United States v. Damone Jackson, Mark R. Jackson, and Kerry Stephans

95 F.3d 500 · Court of Appeals for the Seventh Circuit · Sep 4, 1996

After hearing argument from both sides on the issue at sentencing, the court stated: I do find that the preponderance of the evidence establishes that Mr. … In fact, two of the three other Midwest employees who testified were granted immunity in exchange for their testimony.

Brenda S. Griffin and Margaret Waimon v. Board of Regents of Regency Universities, a Public Corporation

795 F.2d 1281 · Court of Appeals for the Seventh Circuit · Jun 18, 1986

The district court’s finding that the plaintiffs’ statistics did not establish a disparate treatment claim is not clearly erroneous. … But we cannot say that any of the facts clearly establish any of the plaintiffs’ claims of discrimination or retaliation.

Nick Russo v. Health, Welfare & Pension Fund, Local 705, International Brotherhood of Teamsters

984 F.2d 762 · Court of Appeals for the Seventh Circuit · Jan 12, 1993

Because the Fund’s Trust Agreement clearly gave the Trustees discretion to construe the terms of the Plan and make final benefit decisions, 3 Mr. … Russo’s appeal must fail because he has not established the existence of the elements of es-toppel.

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.

National Labor Relations Board v. Lake County Association for the Retarded, Incorporated

128 F.3d 1181 · Court of Appeals for the Seventh Circuit · Nov 13, 1997

The question was essentially which job classes qualified as “employees” under the Act, whatever unit the Acting Director chose. … Lake County criticizes the Board’s choice of boundaries, but those that the NLRB drew are not “clearly inappropriate,” Western Temp. Servs., 821 F.2d at 1267 .

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. 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. Stephen Golden

102 F.3d 936 · Court of Appeals for the Seventh Circuit · Dec 18, 1996

It is well-established that the Sixth Amendment does not require an attorney and a client to have a meaningful attorney-client relationship or good rapport. United States v. … presented qualifies as either active-employment “use” or “carry,” we will reverse the conviction outright; and (3) if some of the evidence presented could qualify as either active-employment “use” or as “carry,” but other

American Federation of State, County & Municipal Employees v. Tristano

898 F.2d 1302 · Court of Appeals for the Seventh Circuit · Apr 6, 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. Second offenders are discharged. … The plaintiffs here clearly sued the named state officials in their official capacities under § 1983.

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

Liu, Mei D. v. Ashcroft, John

Court of Appeals for the Seventh Circuit · Aug 17, 2004

Background The BIA found that even if it accepted Mei Dan’s testi- mony as true, she failed to establish her eligibility for asylum. … The Guidelines for Children’s Asylum Claims advises that “harm a child fears or has suffered . . . may be relatively less than that of an adult and still qualify as persecution.”

Konrads Kalejs v. Immigration and Naturalization Service

10 F.3d 441 · Court of Appeals for the Seventh Circuit · Dec 30, 1993

The charges levelled against Kalejs, if true, undoubtedly qualify as assistance in persecution under the Holtzman Act. … Kalejs’ status as an officer in the Arajs Kommando probably qualifies as ordering, inciting and participating in persecution under the Act as well. Dr.

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.

Moshin Yafai v. Mike Pompeo

912 F.3d 1018 · Court of Appeals for the Seventh Circuit · Jan 4, 2019

The plaintiffs contend that the only conclusion that an honest officer could draw from reviewing their evidence is that Ahmed qualified for a visa. … But that would be a narrow exception-precedent clearly forecloses the dissent's position that we are authorized to demand more from the government as a matter of course.

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 .

Cady v. City of Chicago

43 F.3d 326 · Court of Appeals for the Seventh Circuit · Dec 28, 1994

He alleged that the requirement violated the Free Speech, Free Exercise, and Establishment Clauses of the First Amendment and the corresponding provisions of the Illinois Constitution. … Thus, the district court did not clearly err in finding that Cady’s goal was to obtain “the ability to exercise his own First Amendment rights — to get an uncensored forum for distribution of his own religious literature.

Arnold Mulzer, Roland Mulzer and Edgar Mulzer, Partners, Etc., (Cross-Appellants) v. J. A. Jones Construction Company, (Cross-Appellee)

397 F.2d 498 · Court of Appeals for the Seventh Circuit · Jun 26, 1968

And from our review of the record we find no basis for concluding that any of the critical factual findings of the District Court are clearly erroneous. … We conclude on this phase of the case that the court’s finding that the plaintiffs delivered an unseaworthy barge is not clearly erroneous.