Case law

Jack Schwartz, as Trustee of the Schwartz Medical Group Employee Pension Plan v. James D. Oberweis

30 F.3d 136 · Court of Appeals for the Seventh Circuit · Jun 23, 1994

Jack Schwartz ("Schwartz") was trustee for the Schwartz Medical Group Employee Plan ("Plan"), a qualified retirement plan with approximately six participants and assets of approximately four million dollars. … Mary's, 969 F.2d at 589 , held that the district court did not clearly err in determining that the defendant had impliedly waived its right to arbitration.

United States v. Goodwin

496 F.3d 636 · Court of Appeals for the Seventh Circuit · Jul 23, 2007

during the sentencing hearing regarding the total quantity of drugs involved in the conspiracy, as well as their direct involvement with significant quanti *644 ties of those drugs, we find that the district court did not clearly … At the onset of Special Agent Freyberger's testimony, the government asked a series of questions to establish Special Agent Freyber-ger's qualification as an expert in drug code language.

Donald Beard, Jr. v. Wexford Health Sources, Incorp

Court of Appeals for the Seventh Circuit · Aug 21, 2018

Courts could follow the Supreme Court’s approach in admiralty and establish a nonconstitutional limit on puni- tive-damages awards under §1983 empirically. … So the Justices have looked to the common law to fashion rules for awarding punitive damages under §1983, just as they have looked to the common law to establish rules of absolute and qualified immunity.

Vladimirova, Detelin v. Ashcroft, John D.

Court of Appeals for the Seventh Circuit · Jul 26, 2004

Vladimirova suffered was insuffi- cient to establish a claim of asylum. He relied upon our opinion in Zalega v. … Clearly, she has not shown that the religious practice of the Word of Life Church extends to other area [sic] of the country.

Lee Rakestraw, Cross-Appellants v. United Airlines, Inc. v. Air Line Pilots Association, International, Cross-Appellee. David A. Hammond v. Air Line Pilots Association and Trans World Airlines, Inc.

981 F.2d 1524 · Court of Appeals for the Seventh Circuit · Dec 28, 1992

Giving the Group of 570 seniority from May 17, 1985, also demoted the 320 trainees, none of whom crossed the picket lines and many of whom have joined the union, but the district judge's findings of fact--none of which is clearly … And it is preposterous to depict United as hostile to the fleet qualified pilots.

33 Fair empl.prac.cas. 1497, 33 Fair empl.prac.cas. 1883, 33 Empl. Prac. Dec. P 33,984 Alfred Ekanem v. The Health and Hospital Corporation of Marion County, Indiana

724 F.2d 563 · Court of Appeals for the Seventh Circuit · Feb 7, 1984

Johnson, which defendants acknowledge was "the trigger event for his termination," clearly dealt with internal matters concerning the reorganization of Dr. … Liell in confining his analysis and his studies to the work force within the corporation, he gave no consideration to the availability of suitable or qualified personnel within the work force of the metropolitan district.

Edith McCurry v. Kenco Logistic Services, LLC

Court of Appeals for the Seventh Circuit · Nov 7, 2019

promoted someone outside of the protected class who wasn’t better qualified. … That’s clearly not enough to establish significant control. See Love v.

Cannon v. University of Chicago

559 F.2d 1063 · Court of Appeals for the Seventh Circuit · Aug 27, 1976

In order for an individual to state a claim under the Act, that individual must be qualified to accept employment and only then have been discriminated against on the basis of age. … Plaintiff’s reliance upon these decisions is clearly misplaced. Title IX, while mentioned in the decisions, was not relied upon as establishÍing jurisdiction.

United States v. Ronnanita Fluker

698 F.3d 988 · Court of Appeals for the Seventh Circuit · Oct 26, 2012

In order to qualify for the 35 Percent Equity Program, participants were required to own a minimum of thirty- five percent equity in their homes. … Thus, the scheme qualifies as “otherwise extensive” under U.S.S.G. § 3B.1(b), and the three-level enhancement was correct. b.

Megan Passarella v. Aspirus, Inc.

108 F.4th 1005 · Court of Appeals for the Seventh Circuit · Jul 29, 2024

(“Throughout his Request, Brown clearly demonstrates that his primary concern about the [vac- cination] Policy is the potential harms of the vaccine and his lack of personal autonomy under the mandate, rather than the religious … Passarella’s assertion that her G-d given conscience led her to conclude that she should not be immunized for COVID-19 vaccine was not sufficient to put Aspirus on notice that her objection to the vaccine was grounded in

Christel Van Dyke v. Linda Fultz

Court of Appeals for the Seventh Circuit · Jan 2, 2020

Johnson, as social workers contracted by DCFS, were entitled to qualified immunity on the Fourth Amendment claim because there was no clearly established law prohibiting them from entering a foster home without a warrant … Van Dyke argued that the defendants were not entitled to qualified immunity because an Illinois statute gives foster parents the right to reasonable notice before terminating a foster placement. Ms.

Boim v. Holy Land Foundation for Relief & Development

511 F.3d 707 · Court of Appeals for the Seventh Circuit · Dec 28, 2007

Circuit thought would be a stringent requirement of but-for causation, but it did so solely for purposes of establishing jurisdiction under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605 (a)(7) (“FSIA”). … By the terms of the FSIA, foreign states are immune from suit in U.S. courts unless one of the statutory exceptions applies. 28 U.S.C. § 1604 .

United States v. Board Of Education Of The Consolidated High School District 230

983 F.2d 790 · Court of Appeals for the Seventh Circuit · Jan 7, 1993

Facts 4 The Board is a governmental entity established under the laws of the State of Illinois that oversees three public high schools in District 230 in Cook County, Illinois. … A qualified teacher could withdraw sick leave days from the bank only for "prolonged and extended catastrophic illness" and could not withdraw days from the bank for "maternity benefits, elective surgery, illness of family

United States v. Gary Williams

738 F.2d 172 · Court of Appeals for the Seventh Circuit · Jun 18, 1984

This court on occasion has tried to establish a formula for striking the delicate balance between prejudice to the defendant and the cause of delay. … Further, the circumstances do not clearly corroborate Berrant’s alleged statements to Vervlied.

Shelby County State Bank, an Illinois Banking Corporation v. Van Diest Supply Company

303 F.3d 832 · Court of Appeals for the Seventh Circuit · Sep 17, 2002

Ambiguity of the “After-Acquired” Clause In the process of divining the meaning of a contractual clause, a court must first establish whether the language in dispute supports more than one interpretation. … The underlying rationale for the decision is equally applicable here: for the notice requirement to be a vabd instrument of protection for potential creditors, that notice must be clearly expressed, and it must be such as

United States v. Larry C. Davis and John Newsome

838 F.2d 909 · Court of Appeals for the Seventh Circuit · Jan 25, 1988

The government’s case clearly delineated Davis as a “stash house” operator and Newsome as a relatively small but regular buyer of marijuana from Hrvatin. … The cash was clearly presented as belonging only to Hrvatin and Hall.

Terry Jones v. Lincoln Electric Co., Hobart Brothers Inc., Westinghouse Electric Corp., Airco/the Boc Group, Inc., and Teledyne Industries, Inc., and Dr. Thomas W. Eager

188 F.3d 709 · Court of Appeals for the Seventh Circuit · Aug 19, 1999

Eager was qualified to testify as to the conclusions reached by the Joint Research. 31 Dr. … Eager was not qualified to testify as to the health effects of breathing welding fumes and the Defendants established this fact during cross-examination; and (3) Jones introduced a substantial amount of evidence to show that

Jasper Cabinet Co. v. United Steelworkers

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

This analysis clearly illustrates that the arbitrator was engaged in interpretation of the contract. … Article 42 provides: 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

University of Notre Dame v. Kathleen Sebelius

743 F.3d 547 · Court of Appeals for the Seventh Circuit · Feb 21, 2014

Furthermore, while a religious institution has a broad immunity from being required to engage in acts that violate the tenets of its faith, it has no right to prevent other institutions, whether the government or a health … Although we must accept Appellants’ assertion that the scheme itself violates their religious beliefs, we need not accept their legal conclusion that their purported involvement in that scheme qualifies as a substantial burden

Bayview-Lofberg's, Inc. v. City Of Milwaukee

905 F.2d 142 · Court of Appeals for the Seventh Circuit · Jun 13, 1990

Sec. 1983 has two elements. (1) The action must have been under color of state law, and (2) the action complained of must have deprived a person of rights, privileges or immunities guaranteed by the Constitution or laws of … Whether there is an overconcentration of licensed establishments in the neighborhood. 27 * * * * * * 28 c-1-f.