Case law

Corral v. United States

498 F.3d 470 · Court of Appeals for the Seventh Circuit · Aug 13, 2007

Moreover, telephone records from the prison establish that Herrera Corral’s phone calls to his lawyer were in fact blocked as Herrera Corral described. … Herrera Corral has therefore established a successful ineffective assistance of counsel claim and he is entitled to an appeal.

Cheryl Young v. J.C. Penney Life Insurance Company

701 F.2d 709 · Court of Appeals for the Seventh Circuit · Mar 9, 1983

Under Missouri law, Anderson Young’s death does not qualify as accidental if “his own criminal misconduct ... provoked or induced that which led to his death and the fatal result was the natural and probable consequence of … The law clearly leaves to the trial judge’s discretion the decision whether to allow exhibits admitted into evidence to be taken into the jury room. See C. McCormick, Handbook of the Law of Evidence 393-94 (1954).

Board Of Education Of The City Of Chicago v. Lamar Alexander

983 F.2d 745 · Court of Appeals for the Seventh Circuit · Dec 17, 1992

Consequently, to provide children attending sectarian schools with the Chapter 1 instruction for which they qualify and to comply with Felton, arrangements for other than onsite delivery of services had to be devised. … The context in which this Establishment Clause challenge arises is somewhat unusual.

Gary Herron v. Daimlerchrysler Corporation

388 F.3d 293 · Court of Appeals for the Seventh Circuit · Nov 3, 2004

We turn then to the question of whether Herron has established a prima facie case of race discrimination. Herron is clearly a member of a protected class. … Dep’t of Transp., 359 F.3d 498, 505 (7th Cir.2004) (in Title VII race discrimination context, the loss- of one day of wages was not substantial enough to qualify as an adverse employment action).

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.

Joseph Zettler v. Director, Office of Workers' Compensation Programs, United States Department of Labor

886 F.2d 831 · Court of Appeals for the Seventh Circuit · Oct 4, 1989

Zettler had at least twelve years of qualifying coal mine employment. He labored sporadically as a miner for several companies in the years before 1953, always underground. … Indeed, this court explained: “There is no doubt in our mind that the hearing officer either simply misunderstood or deliberately misrepresented the medical evidence, which, when considered as a whole, clearly established

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.

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.

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.

United States v. Pedro Martinez, Iii, A/K/A Pete

169 F.3d 1049 · Court of Appeals for the Seventh Circuit · Mar 1, 1999

If the district court incorrectly interpreted Bailey , that would qualify as an abuse of discretion. Lee v. United States, 113 F.3d 73, 76 (7th Cir.1997). … Baker, 78 F.3d 1241, 1246 (7th Cir.1996), Martinez clearly did not “use” a gun. However, Bailey distinguished “use of a firearm” from “carrying a firearm” under § 924(c).

Syvock v. Milwaukee Boiler Manufacturing Co.

665 F.2d 149 · Court of Appeals for the Seventh Circuit · Nov 24, 1981

The witness also testified that Syvock was not qualified to perform one other specific task available during the work slowdown. … Syvock himself had testified that he was qualified to perform welding and fitting tasks which included some flame cutting.

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.

Mary J. Riordan v. William L. Kempiners and Shirley Randolph

831 F.2d 690 · Court of Appeals for the Seventh Circuit · Sep 8, 1987

in treatment between equally qualified workers of different sexes, from which discriminatory intent can be inferred. … So when a woman establishes that a public employer refused to hire her and instead hired a male who was no more qualified, she makes out a prima facie case of sex discrimination under the equal protection clause as well as

Gautreaux, Dorothy v. Chicago Housing

Court of Appeals for the Seventh Circuit · Jun 26, 2007

Either an enforceable judg- ment on the merits or a settlement agreement enforced through a consent decree may qualify as the necessary court-ordered change. … City of Chicago, 10 F.3d 474 (7th Cir. 1993) (en banc), the rates established there are legitimate evidence as to whether these rates are reasonable.

Shirley Frazier v. Allen Cast, and Richard M. Daley, State's Attorney of Cook County, Illinois, Defendant

771 F.2d 259 · Court of Appeals for the Seventh Circuit · Sep 19, 1985

Wanting Frazier out of the house, as the officers clearly did, does not infer a concern for Frazier’s safety. … Appellant presses before us an argument the court below rightly rejected, that the good faith immunity standard of Harlow v.

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.

Mark Mlsna v. Union Pacific Railroad Compan

Court of Appeals for the Seventh Circuit · Sep 14, 2020

. § 227.115, railroads must establish a hearing conservation pol‐ icy with programs to protect the hearing of vulnerable em‐ ployees. … Pretext is the third step in the three‐step burden shifting pro‐ cess established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 804–07 (1973).

Belt Railway Company of Chicago, Cross-Appellant v. United States of America, Cross-Appellee

567 F.2d 717 · Court of Appeals for the Seventh Circuit · Dec 8, 1977

Since subparagraphs (A), (C), and (D) clearly do not apply to the facts involved in plaintiff’s contention, it appears that principal reliance is placed on subparagraph (B), which relates to income derived “from the use by … A fortiori, interest on any such gain deposited or invested would not qualify, and we think interest on investments or deposits of other funds fails to qualify as well.

Zhang, Junshao v. Gonzales, Alberto R.

Court of Appeals for the Seventh Circuit · Jan 19, 2006

The government argues that even if Zhang suffered past persecution under § 1101(a)(42)(B) to qualify for refugee status, he cannot establish a well-founded fear of future persecution if he returned to China. … rejected because it would allow the act of persecution itself to constitute the change in circum- stances that would result in the denial of asylum, and would categorically deny asylum to a class of persons that Congress clearly