Case law

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

McKinney, Versia S. v. Cadleway Properties

Court of Appeals for the Seventh Circuit · Nov 13, 2008

The undisputed evid- ence here establishes that Cadleway is a debt collector, not a creditor. … This language is an almost exact replica of the “safe harbor” we established in Miller v.

E360 INSIGHT v. the Spamhaus Project

500 F.3d 594 · Court of Appeals for the Seventh Circuit · Aug 30, 2007

Under Lo *601 cal Rule 5.5(a)(1), this certification made by an attorney of record qualifies as proof of service. … See Di Mucci 879 F.2d at 1497 (“Because ... liability was established by default, the law in this circuit indicates that in a case such as this, an evidentiary hearing may be required to establish what type of relief is necessary

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

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.

Willie May Anthony v. Security Pacific Financial Services, Incorporated

75 F.3d 311 · Court of Appeals for the Seventh Circuit · Jan 31, 1996

The court also noted that plaintiffs had failed to allege conduct by Security Pacific which rose to the level of “outrageous” and would thereby qualify for punitive damages under Illinois law. … Illinois courts do not favor punitive damages and insist that plaintiffs .establish “gross fraud ... ‘or other extraordinary or exceptional circumstances clearly showing malice or willfulness.’” Europlast, Ltd. v.

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.

United States v. Sheikh, Jamal A.

Court of Appeals for the Seventh Circuit · May 6, 2004

On these facts, we cannot say that it was clearly erroneous for the district court to deem Jamal a supervisor. 2. … Jamal argues that because the government did not establish that at least five participants were involved, the scheme cannot qualify as “otherwise extensive.”

Swanson v. Leggett & Platt, Inc.

154 F.3d 730 · Court of Appeals for the Seventh Circuit · Sep 3, 1998

Elting clearly indicated that his first attempt to fix the time was only an estimate. … The significance of this qualified claim is doubtful, since the extent of Elting’s autonomy is not described.

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.

Mao-Mso Recovery II, LLC v. State Farm Mut. Auto. Ins. Co.

935 F.3d 573 · Court of Appeals for the Seventh Circuit · Aug 15, 2019

In that case, the Medicare Secondary Payer provisions establish a private right of action that permits some private plaintiffs to sue for double damages. … When we apply that standard, however, we must bear in mind that “[a] district court would necessarily abuse its discretion if it based its ruling on an erroneous view of the law or on a clearly erroneous assessment of the

Mccrimmon v. Daley

418 F.2d 366 · Court of Appeals for the Seventh Circuit · Oct 28, 1969

Clearly the requirements of 28 U.S.C.A. § 2281 , supra, are not satisfied here. 13 Moody v. Flowers, 387 U.S. 97 , 87 S.Ct. 1544 , 18 L.Ed.2d 643 (1967) appears dispositive of this proposition. … In such a case, there would be no protective male in the background. 23 A careful reading of the complaint shows that plaintiffs alleged they were being subjected "to the deprivation of rights, privileges and immunities secured

Bernard Weisberg v. Paul Powell, Individually and as Secretary of State of Illinois

417 F.2d 388 · Court of Appeals for the Seventh Circuit · Oct 17, 1969

In districts where five or more persons qualified as candidates, a primary was held September 23, with the four receiving the greatest number of votes surviving the primary. … We think it was adequately established that top position on the ballot is one of a number of factors which tend to affect the outcome of an election, and which may have a substantial effect although the degree varies with

63 Fair empl.prac.cas. (Bna) 844, 63 Empl. Prac. Dec. P 42,721 Jonah Oxman v. Wls-Tv

12 F.3d 652 · Court of Appeals for the Seventh Circuit · Dec 15, 1993

This conclusion is not clearly erroneous. … The magistrate judge concluded that Oxman failed to demonstrate that WLS-TV's proffered reason for hiring Epstein--that Epstein was more qualified--was pretextual.

Joint Sch. Dist. No. 1, Etc. v. United States

577 F.2d 1089 · Court of Appeals for the Seventh Circuit · May 19, 1978

Wages usually are income, but many items qualify as income and yet clearly are not wages. 435 U.S. at p. 25 , 98 S.Ct. at p. 919 . 10 In the case at bar we need not decide whether the pick up payments were income. … They claim that the STRS treated the pick up payments as significantly similar to the "employee contributions" (those funds drawn from the employee paychecks), and that this establishes their true nature.

Danny C. Cross v. City of Chicago, a Municipal Corporation, and Robert Faulkner, Both as Agent and Individually

4 F.3d 996 · Court of Appeals for the Seventh Circuit · Sep 2, 1993

In the alternative, the City argues that qualified immunity mandates a judgment in its favor. … Police officers are generally protected by qualified immunity "if their allegedly unlawful actions meet the test of objective legal reasonableness assessed in the light of the legal rules that were clearly established at

Abraham Scherr v. John Volpe

466 F.2d 1027 · Court of Appeals for the Seventh Circuit · Aug 4, 1972

Environmental protection was not established as an exclusive goal, rather the Congress restructured priorities in such a way that the ecological consequences of a federal action must now be given consideration. … It should be obvious from a reading of the memorandum that the Highway 16 project qualifies as a major federal action.

Bennie Kennedy v. Schneider Electric

893 F.3d 414 · Court of Appeals for the Seventh Circuit · Jun 19, 2018

As Kennedy later admitted, he did not meet any of the three possible combina- tions of education and experience that would have qualified him to teach electrical safety classes at Prairie State. … Rule 11 “re- quires counsel to read and consider before litigating,” which Davis claims to have done, but it also “establishes an objective test,” U.S. Bank Nat’l Ass’n, N.D. v.

Binks Manufacturing Company, Etc. v. Ransburg Electro-Coating Corporation, Etc.

281 F.2d 252 · Court of Appeals for the Seventh Circuit · Jul 27, 1960

The record establishes that defendant does not sell equipment outright nor has it licensed anyone to make and sell electrostatic spray-coating systems. … The answer was a voluntary statement of the witness of a conclusion, and not being within the field of expert opinion by one qualified to testify in such field, was clearly not admissible. The ruling was not error.

United States v. Travis, Christopher

Court of Appeals for the Seventh Circuit · Jun 19, 2002

Because the court’s finding is not clearly erroneous, we affirm. From 1995 to 1998 Mr. … But § 3E1.1(b) by its own terms applies only to defendants who qualify for a decrease under § 3E1.1(a), and here the record supports the district court’s finding that Mr.