Case law

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.

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.

Healy v. City Of Chicago

450 F.3d 732 · Court of Appeals for the Seventh Circuit · Jun 16, 2006

And I—and I asked him what part [City Hall] didn't understand, and he told me that I spoke too clearly, and he said they didn't like the way it was done. … Healy responds that his extensive experience at the DOW demonstrates that he was qualified for a promotion to ACOE.

Banks v. Secretary of the Indiana Family & Social Services Administration

997 F.2d 231 · Court of Appeals for the Seventh Circuit · Jun 15, 1993

As Arthur’s survivor, Marie Banks qualifies as a beneficiary of the regulations and has shown that she was similarly adversely affected. … Our holding in Part IV of this opinion clearly rejects this interpretation. .

United States v. Heckel

570 F.3d 791 · Court of Appeals for the Seventh Circuit · Jun 22, 2009

But a wide range of conduct is relevant at sentencing—including uncharged conduct and charges of which the defendant was acquitted—so long as that conduct is established by a preponderance of the evidence. … that use of an Internet auction is a means of “solicitation ... to induce a large number of persons to ... purchase goods or services,” we need not address the government’s alternative argument that such an auction also qualifies

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

Alexander v. Mount Sinai Hospital

484 F.3d 889 · Court of Appeals for the Seventh Circuit · Apr 24, 2007

The "certification of the Attorney General shall conclusively establish scope of office or employment for purposes of removal." Id. 3 Although Dr. … No one disputes that Sinai was a qualifying entity. The government's threshold determination that Dr.

Selimi, Aisha v. Ashcroft, John

Court of Appeals for the Seventh Circuit · Mar 10, 2004

We continued by pointing out that “a more lenient and compassionate policy would qualify the entire population of many war-torn nations for asylum.” Here, it might qualify 30 percent of the population of Macedonia. … Given that their evidentiary materials do not establish a prima facie case for persecution, the Selimis fall far short of establishing a prima facie case that they will be tortured upon their return to Macedonia.

Hottenroth, Carol v. Village of Slinger

Court of Appeals for the Seventh Circuit · Oct 28, 2004

Lange’s refusal to make a recommendation was clearly within her dis- cretion as Hottenroth’s supervisor. … Such vague and unsupported statements clearly fall far short of establishing a claim of a hostile work environment.

Terry J. Kennedy v. Commonwealth Edison Co.

410 F.3d 365 · Court of Appeals for the Seventh Circuit · Jun 2, 2005

The FLSA’s duties test, which determines which jobs qualify for exempt status, had not been changed significantly since 1949. … See 820 ILCS 105/4a(2)(E) (making a violation of the IMWL contingent on establishing a violation under the FLSA). Accordingly, we AffiRM the judgment of the district court.

United States v. Harold McGhee

98 F.4th 816 · Court of Appeals for the Seventh Circuit · Apr 11, 2024

Despite the court’s instruction that the controlled buys were off-limits, McGhee repeatedly at- tempted to establish that he did not engage in them. … We conclude that the district court did not clearly err in denying McGhee a Franks hearing. 2. Motion to suppress.

William KIDD III, Plaintiff-Appellant, v. ILLINOIS STATE POLICE, Defendant-Appellee

167 F.3d 1084 · Court of Appeals for the Seventh Circuit · Jan 12, 1999

As we have noted previously, proving that he was qualified to retain his position is one of the elements that the plaintiff must ordinarily establish in order to make out a prima facie case of discrimination under McDonnell-Douglas … Had Kidd proffered the statistics to establish a pattern of discriminatory hiring, the relevant comparison would be one between the racial composition of ISP’s cadet classes and the racial makeup of the workforce qualified

Andrew Theodorou v. United States

887 F.2d 1336 · Court of Appeals for the Seventh Circuit · Oct 27, 1989

United States, 838 F.2d 201, 202 (7th Cir.1988) (citations omitted). 3 These cases have clearly confirmed our position in Norris v. … To establish good cause, Theodorou explains his procedural default as follows.

Jerold M. Gorski and Peggy J. Gorski v. Stanley Troy and Shirley Troy, Doing Business as S & S Rentals

929 F.2d 1183 · Court of Appeals for the Seventh Circuit · Apr 11, 1991

Here, the alleged injuries are stark: the complaint alleges that the Gorskis were evicted from their apartment because of their attempt to qualify as foster parents. … These activities clearly were the source of the Gorskis’ alleged injury.

Melinda B. Resser v. Commissioner of Internal Revenue

74 F.3d 1528 · Court of Appeals for the Seventh Circuit · Jan 18, 1996

He clearly dominated their financial affairs throughout their marriage. See Terzian v. … Resser had a duty to inquire about the 1982 substantial understatement was clearly erroneous. Our review of the record leads us to the definite and firm conviction that the Tax Court clearly erred in denying Mrs.

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.

Old Ben Coal Corp. v. Interior Board of Mine Operations Appeals

523 F.2d 25 · Court of Appeals for the Seventh Circuit · Jun 13, 1975

Old Ben contends at page 23 of its brief: The legislative history of the Federal Coal'Mine Health and Safety Act of 1969 clearly establishes that Congress did not intend that the mere presence of the most prevalent substances … The test for an imminent danger was phrased as follows: “[Wjould a reasonable man, given a qualified inspector’s education and experience, conclude that the facts indicate an impending accident or disaster, threatening to

Benton W. Bullwinkel v. Federal Aviation Administration and National Transportation Safety Board

23 F.3d 167 · Court of Appeals for the Seventh Circuit · Jun 23, 1994

See Petition of Doe, 1985 WL 71830 at *1, 1985 NTSB Lexis 218 at *2-3 (“the Board finds that the petitioner *173 has failed to establish that he is qualified for an unlimited airman medical certificate because he has a major … This language, read in its context, is clearly and unambiguously concerned with underlying conditions, not with medications.

Monsanto Company v. Environmental Protection Agency and Carol M. Browner, Administrator

19 F.3d 1201 · Court of Appeals for the Seventh Circuit · Mar 24, 1994

expressly rejected Monsanto’s claim that it “proceeded reasonably in terms of developing and implementing controls,” and that carbon adsorption was “a choice' of last resort because it offered the least opportunity for waste immunization … Because the EPA had not established an approved test method, Monsanto argued that "it is entirely possible that this control equipment is achieving the capture efficiency required under the benzene [standard]."