Case law

Sol Diamond and Muriel Diamond v. Commissioner of Internal Revenue

492 F.2d 286 · Court of Appeals for the Seventh Circuit · Feb 27, 1974

The Tax Court, with clearly adequate support, found that Diamond’s interest in partnership had a market value of $40,000 on February 18. … Reg. § 1.721-1 presumably explains and interprets § 721, perhaps to the extent of qualifying or limiting its meaning. Subsec.

United States v. Pascual Guana-Sanchez

484 F.2d 590 · Court of Appeals for the Seventh Circuit · Aug 6, 1973

I agree, and to the extent that the district court indicated otherwise it would seem clearly wrong. … The passengers in defendant’s automobile, all in plain view, were discovered initially during the course of what seems clearly to have been a valid investigatory stop.

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.

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.

Stevenson, Beverly v. Hyre Electric Co

Court of Appeals for the Seventh Circuit · Oct 16, 2007

He just has to give the employer enough infor- mation to establish probable cause, as it were, to believe that he is entitled to FMLA leave. Id. at 953. … In Kauffman, the medical record at issue appeared to state clearly that the plaintiff was incapaci- tated; here, in contrast, the written records are incon- clusive. In Stevenson’s favor, Dr.

United States v. Donald S. Lowry

971 F.2d 55 · Court of Appeals for the Seventh Circuit · Aug 6, 1992

According to the letters Mother Maria had been called to establish a new Garden of Eden, a valley paradise to be known as “Chonda-Za”. … Lowry clearly waived his right to conflict-free counsel, 5 but now claims that his waiver was invalid because it was not knowing and intelligent.

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.

Drollinger v. Milligan

552 F.2d 1220 · Court of Appeals for the Seventh Circuit · Apr 6, 1977

Dulin, Chief Probation Officer of the Montgomery Circuit Court, were sued in their official capacities they did not qualify as "persons" against whom a civil rights action can be brought. … Our analysis of the Indiana statutes authorizing the granting of probation demonstrates, however, that the plaintiff is in this suit challenging the sentence of the trial court, clearly the proper subject matter for a habeas

Parrish Ian Charlton v. United States

743 F.2d 557 · Court of Appeals for the Seventh Circuit · Sep 12, 1984

Congress clearly did not deem settlement mandatory.” Id. at 291. … The establishment of more stringent exhaustion requirements, should they appear desirable, is better left to Congress.

United States v. Anthony Loscalzo, Andrew Loscalzo, Merry Stumpf, David H. Siegel, and Albert L. Boemo

18 F.3d 374 · Court of Appeals for the Seventh Circuit · Feb 24, 1994

First, they contend that the court’s calculation of the pecuniary loss suffered by the Postal Service was clearly erroneous. … The trial judge’s finding that Andrew Loscalzo qualified as a manager or supervisor under the Sentencing Guidelines was supported by the evidence in the record and was not erroneous.

United States v. Ruben Castellanos

165 F.3d 1129 · Court of Appeals for the Seventh Circuit · Jan 21, 1999

Castellanos qualified as “identification documents” under the statutory definition. … We conduct a de novo review of the district court’s application of a guideline, but defer to its findings of fact unless they are clearly erroneous. 3 A. Mr.

Congress Building Corporation v. Loew's, Incorporated

246 F.2d 587 · Court of Appeals for the Seventh Circuit · Jul 29, 1957

We think the alleged acts of the defendants are clearly the direct and proximate cause of the injury. What intervening factors are there to consider ? … For a lessor to establish the extent of his injury under the percentage clause, he would make virtually the same proof as the lessee.

William H. Silk v. City Of Chicago

194 F.3d 788 · Court of Appeals for the Seventh Circuit · Oct 8, 1999

Under the ADA, a plaintiff must establish that he suffers from a disability as defined under the Act; is qualified to perform the essential functions of his job, with or without reasonable accommodation; and has suffered … Under the Rehabilitation Act, he must establish that he suffers from a disability as defined under the Act; that he was otherwise qualified for the job; that he was involved in programs receiving federal financial assistance

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

Mizuho Corporate Bank (USA) v. Cory & Associates, Inc.

341 F.3d 644 · Court of Appeals for the Seventh Circuit · Aug 29, 2003

Beyond this, as the district court noted, a separate part of the third-party complaint (Count II) much more clearly raised a claim for indemnification. … These facts, in turn, Cory argues, are enough to establish vicarious liability un- der Illinois law.

James and Joyce Ferrell v. Samuel R. Pierce, Secretary of Department of Housing and Urban Development

743 F.2d 454 · Court of Appeals for the Seventh Circuit · Sep 14, 1984

Several factors lead us to conclude that Judge Will’s decision is not clearly erroneous. … To qualify for assistance under either plan, default must be due to such circumstances.

McVeigh v. McGurren

117 F.2d 672 · Court of Appeals for the Seventh Circuit · Dec 27, 1940

She had been appointed by the probate court and was duly qualified to act in the official capacity mentioned. … The averments tendered evidence clearly hearsay in character and in no way competent or admissible.

United States v. Gilliam, Darin D.

Court of Appeals for the Seventh Circuit · Jun 28, 2001

We conclude that Gilliam cannot establish the first requirement necessary for finding of plain error; namely, that the district court committed any error. … Furthermore, at the time Gilliam did enter his plea of guilt, the district court clearly explained the consequences of the career offender status and the impact it would have if he agreed to plea.

Copease Manufacturing Co. v. American Photocopy Equipment Co.

298 F.2d 772 · Court of Appeals for the Seventh Circuit · Dec 26, 1961

In so doing the court clearly erred. … They could have probably achieved immunity from any claim of infringement of the patent in suit by copying any of the prior art on which they relied in this action.

United States v. Matthew Elder

Court of Appeals for the Seventh Circuit · Aug 15, 2018

It is well established that “[m]andatory minimum sentences in- crease the penalty for a crime.” Alleyne v. United States, 570 U.S. 99, 103 (2013). … factors historically relied on by the Su- preme Court to justify the categorical approach support its application to § 841(b)(1)(A) and § 802(44), and we adopt that approach. 11 The text of § 841(b)(1)(A) and § 802(44) clearly