Case law

Bowles v. Arlington Furniture Co.

148 F.2d 467 · Court of Appeals for the Seventh Circuit · Mar 30, 1945

However, we cannot say that the action of the trial court in accepting the testimony offered by the O.P.A. is clearly erroneous. … This pamphlet also provided that the purchaser as well as the seller would be liable for any violation of the regulation establishing maximum prices.

Alexander v. Mount Sinai Hospital Medical Center

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

No one disputes that Sinai was a qualifying entity. The government’s threshold determination that Dr. … The Court concluded that Article III allowed this result because a significant federal question would have arisen at the outset, specifically, whether the defen- dant had Westfall Act immunity.

Simental, Eloy v. Matrisciano, Ronald

Court of Appeals for the Seventh Circuit · Apr 5, 2004

Contrary to Simental’s argument, there is no evidence that Anderson “clearly indicated” to Contreras that he would receive immunity for beating Martinez; the most that can be said is that he discussed the “possibility” with … However, “mere inconsis- tencies in testimony by government witnesses do not establish the government’s knowing use of false testimony.” Id.

United States v. Philip Archie Lemmens

430 F.2d 619 · Court of Appeals for the Seventh Circuit · Aug 4, 1970

religious training and belief”, belief in a “traditional God” was not required, and the test was “does the claimed belief occupy the same place in the life of the objector as an orthodox belief in God holds in the life of one clearly … basis for its decision, we cannot determine whether Haughton was properly denied conscientious objector status.” 12 The fourth circuit reversed a conviction and stated a rule: “Where it is clear that a prima facie case was established

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

Central States, Southeast And Southwest Areas Pension Fund v. Hartlage Truck Service, Incorporated

991 F.2d 1357 · Court of Appeals for the Seventh Circuit · Apr 30, 1993

The CBAs defined probationary employees as employees hired on a trial basis that Hartlage intended to become members of the regular work force after they met certain qualifying standards. Id. at 36, 56. … The agreements clearly defined the rights and obligations of all concerned parties.

James Bunn v. FDIC

Court of Appeals for the Seventh Circuit · Nov 8, 2018

We agree with the district court that the  benefit meets this definition, and Bunn has presented no evi‐ dence sufficient to establish the benefit qualifies for the bona  fide  deferred  compensation  plan  exception  to  … This  clause  could  refer  to  the  type  of  supplemental  benefit  § 359.1(d)(2)(ii) contemplates, but it does not clearly place the  Agreement under its purview. Cf. Mulholland v. 

Scott Spatz v. Weyerhaeuser Company

Court of Appeals for the Seventh Circuit · Jan 8, 2019

Oakley, 279 S.W.3d 527, 528 (Ky. 2009)) (Kentucky contractor immunity statute provides immunity from suit and is thus immediately appealable), with Freeman v. Kohl & Vick Mach. … The case involved a public official who, the Ninth Circuit decided, violated a constitutional right but prevailed on qualified-immunity grounds because the right was not clearly established. Id. at 703.

Redfield v. Continental Casualty Corp.

818 F.2d 596 · Court of Appeals for the Seventh Circuit · May 6, 1987

The Majority condones an attorney’s careless and unprofessional handling of a case and allows the attorney to escape the consequences of his own negligence under the guise of excusable neglect where the facts clearly establish … result,’ few circumstances will ordinarily qualify under the excusable neglect rubric.

Gutierrez v. Peters

111 F.3d 1364 · Court of Appeals for the Seventh Circuit · Apr 23, 1997

The allegations clearly reveal that the Danville medical staff, including Doctors Tanner and Ehrhardt, regarded Gutierrez as having a condition mandating treatment. … In this regard, Judge Baker correctly observed that the Illinois Department of Corrections was immune from suits for damages. See Billman v.

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.

Birt Ford v. Dennis Reagle

Court of Appeals for the Seventh Circuit · Sep 22, 2025

The Indiana Supreme Court’s sum- mary denial of review certainly qualifies for this treatment, but the intermediate appellate court’s decision contained a detailed, issue-by-issue analysis. … The district court therefore was statutorily precluded from hold- ing an evidentiary hearing unless Ford’s case qualified under one of § 2254(e)(2)’s “stringent” exceptions. Shinn, 596 U.S. at 384.

Chris Boulahanis, Edward C. Vanduyne, Jamie R. Burton v. Board of Regents, a Body Politic and Corporate, Illinois State University, Thomas Wallace

198 F.3d 633 · Court of Appeals for the Seventh Circuit · Dec 3, 1999

FCC, 497 U.S. 547, 564-65 , 110 S.Ct. 2997 , 111 L.Ed.2d 445 (1990) (establishing an intermediate standard of scrutiny for sex discrimination); Mississippi Univ. for Women v. … We further determined that, “through the establishment of [Title IX’s] statutory regime, Congress effectively superseded a cause of action under § 1983....” Id. 1.

Martinez-Buendia v. Holder

616 F.3d 711 · Court of Appeals for the Seventh Circuit · Aug 10, 2010

We review the Board’s determination of facts, including that Martinez-Buendia failed to establish statutory eligibility for asylum, for substantial evidence. Mabasa v. … Lastly, while there is no evidence that Martinez-Buendia directly communicated her anti-FARC political opinion to a FARC member as clearly as Espinosa-Cortez did, the only logical conclusion that the FARC could have drawn

United States v. Vitrano

495 F.3d 387 · Court of Appeals for the Seventh Circuit · Jul 19, 2007

Unsuccessful in persuading the district court that Vitrano qualified for the ACCA enhancement, the government appealed the issue. … After it won, it announced at re-sentencing that “[w]e did not take the appeal to establish that the Defendant was an armed career criminal merely as an academic exercise.”

Marilyn Mulero v. Sheryl Thompson

668 F.3d 529 · Court of Appeals for the Seventh Circuit · Feb 7, 2012

“Under the AEDPA, a petitioner for habeas relief must establish that the state court proceedings resulted in a decision that (1) was ‘contrary to, or involved an unreasonable application of, clearly established Federal law … No. 10-3875 17 whether the state court’s application of clearly estab- lished federal law is objectively unreasonable, not whether it applied clearly established federal law

Henry C. Tyson, Sr. v. Jones & Laughlin Steel Corp.

958 F.2d 756 · Court of Appeals for the Seventh Circuit · Mar 2, 1992

Other delays were occasioned by Tyson’s failure to conform to the established briefing schedule, which, consequently, was modified several times. … Consequently, they are not clearly erroneous and must be affirmed.

United States v. Dante Jones

739 F.3d 364 · Court of Appeals for the Seventh Circuit · Jan 9, 2014

That testimony established that two men entered the bank on October 21, 2010, wearing hats or hoodies, as well as masks or clothing over their faces that revealed only their eyes. … By his own admission, Jones qualified for classification as a career offender, and therefore his appropriate range under the Guidelines was 188 to 235 months.

Colonial Savings Association and Subsidiaries, Cross v. Commissioner of Internal Revenue, Cross-Appellant. Frontier Savings and Loan Association v. Commissioner of Internal Revenue

854 F.2d 1001 · Court of Appeals for the Seventh Circuit · Sep 13, 1988

Therefore, Colonial has the burden of establishing that it qualifies for discharge of indebtedness treatment. Templeton v. Commissioner, 719 F.2d 1408, 1411 (7th Cir.1983); Hintz v. … The Chicago Bank is one of eleven district banks established pursuant to the Federal Home Loan Bank Act, 12 U.S.C. Sec. 1421 et seq.

James Bunn v. FDIC

Court of Appeals for the Seventh Circuit · Nov 8, 2018

We agree with the district court that the  benefit meets this definition, and Bunn has presented no evi‐ dence sufficient to establish the benefit qualifies for the bona  fide  deferred  compensation  plan  exception  to  … This  clause  could  refer  to  the  type  of  supplemental  benefit  § 359.1(d)(2)(ii) contemplates, but it does not clearly place the  Agreement under its purview. Cf. Mulholland v.