Case law
Opinions from 1658 to today.
9,632 results
2.29s
Defender Security Company v. First Mercury Insurance Compan
803 F.3d 327 · Court of Appeals for the Seventh Circuit · Sep 29, 2015
Duty to Defend In order to establish that an insurer has a duty to defend, the insured bears the initial burden of establishing that a claim is covered by his policy. … But, “[i]f the pleadings reveal that a claim is clearly ex- cluded under the policy, then no defense is required.” Id. at 401 (emphasis added) (citation omitted).
Cited 59 timesPublishedAdam Delgado v. U.S. Department of Justice
Court of Appeals for the Seventh Circuit · Oct 29, 2020
The Act establishes a procedural obstacle course for em- ployees who invoke its protections. … Evidence only clearly and convincingly supports a conclusion when it does so in the aggregate considering all the pertinent evidence in the record, and despite the evidence that fairly detracts
Cited 0 timesPublishedAdam Delgado v. U.S. Department of Justice
977 F.3d 1295 · Court of Appeals for the Seventh Circuit · Oct 29, 2020
The Act establishes a procedural obstacle course for em- ployees who invoke its protections. … Evidence only clearly and convincingly supports a conclusion when it does so in the aggregate considering all the pertinent evidence in the record, and despite the evidence that fairly detracts
Cited 0 timesPublishedMhammad Abu-Shawish v. United States
Court of Appeals for the Seventh Circuit · Jul 31, 2018
The sec- ond establishes what a petitioner must prove and how and where a petitioner must prove it to establish the dam- ages claim. 28 U.S.C. § 2513. 2 Section 2513(a) includes two 2 Section 2513(a) provides, in full … Cases like this one are so rare that the pleading standards for a petition for a certificate of innocence surely qualify as debatable.
Cited 0 timesPublishedUnited 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
Cited 0 timesPublishedCandice Martin v. Goodrich Corporation
95 F.4th 475 · Court of Appeals for the Seventh Circuit · Mar 6, 2024
The Folta court granted discretionary review to establish limits on plaintiffs’ recovery, even as it regretted the “harsh result.” 43 N.E.3d at 118. … As it happens, “the legislature always will have clearly indicated the temporal reach of an amended statute.” Caveney v. Bower, 797 N.E.2d 596, 603 (Ill. 2003).
Cited 9 timesPublishedUnited States v. An Article of Device ... Diapulse, Etc., Appeal of Henry J. Niemeyer, M.D.
768 F.2d 826 · Court of Appeals for the Seventh Circuit · Jul 17, 1985
He found the terms “soft tissue inflammation,” “sprains,” and “strains” too broad and vague to be uniformly accepted by qualified scientific investigators in the medical community. … Although claimant’s challenge to the four group procedure has at least surface appeal to lay persons, we have no basis in the absence of expert opinion to hold that it is a clearly excessive demand and therefore arbitrary
Cited 7 timesPublished768 F.2d 914 · Court of Appeals for the Seventh Circuit · Jul 26, 1985
The district court (and this court, on appeal from the district court) does not review the correctness of the arbitration award, even under a highly deferential standard, such as “clearly erroneous” or “clear abuse of discretion … Maybe some special force should be given the words “previously qualified” in Article II. A.2.
Cited 115 timesPublishedMolly Joll v. Valparaiso Community Schools
Court of Appeals for the Seventh Circuit · Mar 20, 2020
persons of impartial judgment that the plaintiff was clearly better qualified for the position at issue.” … Joll was not clearly bet- ter qualified such that the disparity in qualifications would raise an inference of pretext or discrimination.
Cited 0 timesPublishedJohnathan Lacy v. Cook County, Illinois
897 F.3d 847 · Court of Appeals for the Seventh Circuit · Jul 30, 2018
The primary mandate of Ti- tle II is that “no qualified individual with a disability shall, by 1 The plaintiffs also filed suit under section 504 of the Rehabilitation Act. … We do not think that this conclusion rested on clearly errone- ous factual findings or legal error. See Bell, 800 F.3d at 373.
Cited 257 timesPublishedMatthew King v. Hendricks County Commissioner
954 F.3d 981 · Court of Appeals for the Seventh Circuit · Mar 31, 2020
In light of our ruling on the merits, we have no need to address Hays’s back-up assertion that he was en- titled to qualified immunity. … As discussed above, King has not established facts suffi- cient to allow a fact-finder to conclude that Hays’s use of deadly force violated Bradley’s Fourth Amendment rights.
Cited 137 timesPublishedUnited States v. Abdelhaleem Ashqar
Court of Appeals for the Seventh Circuit · Oct 2, 2009
Ashqar persisted in his refusal to talk, however, even after the court granted Ashqar immunity and ordered him to testify. … It sup- ported these findings with specific facts in the record, and Ashqar does not argue that these findings are clearly erroneous. This was enough.
Cited 0 timesPublishedGloria Conway, Individually and on Behalf of All Other Persons Similarly Situated v. Patricia Harris
586 F.2d 1137 · Court of Appeals for the Seventh Circuit · Nov 13, 1978
Clearly, no section provides that benefits should be extended to a person such as the plaintiff who was displaced by the acquisition of real property by a private party who would receive federal assistance in the future. … Plaintiff contends displaced persons who qualify for relocation assistance are entitled to the following benefits: (1) actual reasonable moving expenses, 42 U.S.C. § 4622 (a), or a moving expense allowance not exceeding $300
Cited 12 timesPublishedCourt 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.
Cited 0 timesPublished524 F.2d 818 · Court of Appeals for the Seventh Circuit · Nov 26, 1975
discrimination, she has no remedy under either Title VII of the Federal Civil Rights Act of 1964, as amended, 4 or the Illinois Fair Employment Practices Act, 5 although the victim of comparable discrimination occurring today would clearly … The first is clearly stated in the statute: the defendants must have acted 'under color of' state law. 7 The second inheres in the nature of plaintiff's protected rights: he may not be deprived 'of any rights, privileges,
Cited 0 timesPublishedEverroad v. Scott Truck Systems, Inc.
604 F.3d 471 · Court of Appeals for the Seventh Circuit · May 10, 2010
She contends that she adequately established that the non-discriminatory reason given by Scott Truck for her termination was pretextual, and that she also provided sufficient evidence to establish a causal link between her … Neither does a transfer involving no reduction in pay and no more than a minor change in working conditions qualify as an adverse employment action. Maclin, 520 F.3d at 788.
Cited 133 timesPublishedUnited States v. Laura Wasz and Bruce Wasz
450 F.3d 720 · Court of Appeals for the Seventh Circuit · Jun 14, 2006
Whether the defendant qualifies as an organizer or leader for purposes of this guideline is a factual determination. … the Waszes but not the other qualifies for the enhancement.
Cited 42 timesPublished933 F.2d 417 · Court of Appeals for the Seventh Circuit · May 2, 1991
Ramirez, 796 F.2d 212, 216 (7th Cir.1986) (FBI agent properly qualified as an expert to testify to the meaning of code words used during drug transaction); United States v. … This card was probative because the evi-denee clearly established that Chao did, in fact, deliver cocaine to Peña as Quintero had contemplated when Peña exhibited the business card (signal).
Cited 121 timesPublished854 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.
Cited 5 timesPublishedHarris Trust & Savings Bank v. Chicago Rys. Co.
56 F.2d 942 · Court of Appeals for the Seventh Circuit · Mar 14, 1932
It is to establish the contested right of these certificate holders to these net earnings of the company since 1917 that the present legal battle is waged. … It is certainly entitled to *949 great weight, for it clearly attempted to fix the status of certificate holders and mortgagees in regard to these undistributed earnings.
Cited 1 timesPublished
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