Case law

Roy G. Nelson, Clarence Alsip, Charles Andrews v. John Stewart, Donald R. Say, and United Steelworkers of America, Local Union 12213

422 F.3d 463 · Court of Appeals for the Seventh Circuit · Aug 29, 2005

The court initially decided to exercise its supplemental jurisdiction, and it ordered supplemental briefs on the issue of the individual defendants’ immunity from suit. … Upon the parties’ briefs, the district court concluded that case law holding that individual union members are immune from liability for actions taken in relation to a collective bargaining agreement covered by section 301

A.L.B. Theatre Corp. v. Loew's Inc.

355 F.2d 495 · Court of Appeals for the Seventh Circuit · Jan 17, 1966

geographic zone concept was a plan devised by RKO Theatres under which RKO would license a film for first outlying run to any the-atre submitting a bid for a particular picture above a stated minimum, except that when two qualified … Each of the distributors simply refused to abandon the established system of clearances.

50 Fair empl.prac.cas. 1575, 51 Empl. Prac. Dec. P 39,360 Cheryll Gray, F/k/a Cheryll Lengyel v. Jerome Lacke, Stanley Klein, David Niemann, and Diane Kohn

885 F.2d 399 · Court of Appeals for the Seventh Circuit · Nov 3, 1989

Although Gray was qualified for the job, she did not get it because the appellees provided negative references regarding her. … The appellees, however, argue that her allegations establish only a claim for Title VII relief, which was foreclosed by her earlier suit against Dane County.

Arredondo, David v. Huibregtse, Peter

Court of Appeals for the Seventh Circuit · Sep 8, 2008

Arredondo has not established that reasonable jurists could debate whether the Wisconsin appellate court acted contrary to, or unreasonably applied, clearly established Supreme Court precedent when it deter- mined that the … Wilson, 519 F.3d 366, 368 (7th Cir. 2008) (“The Supreme Court has held that a right becomes ‘clearly established’ only when a course of decisions has established how the Constitution’s grand generalities apply to a class

United States v. Walton, James P.

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

When the district court asked, "[c]ounsel, is the sole issue here whether or not you have to have more than one [qualifying image]? … In so holding, the Court relied on prior precedent which established that common law offenses against the state, the person, property, or public morals "presume a scienter requirement in the absence of express contrary [

Aeroground, Inc. v. CenterPoint Properties Trust

738 F.3d 810 · Court of Appeals for the Seventh Circuit · Dec 23, 2013

The  district  court  found  that  the  evidence  established  that  the  concrete  slab  had  a  “dual  nature  as  both  floor  and  foundation.”  … As a  result,  the  court’s  determination  is  not  clearly  erroneous  on  this record. 

United States v. Raub

177 F.2d 312 · Court of Appeals for the Seventh Circuit · Oct 19, 1949

was not qualified to render advice and told defendant so, referring him to a second one who testified that he advised that transactions of the nature described would be subject to further investigation to show whether or … It appears to be generally established now that—Rule 30 notwithstanding, in criminal cases involving life or liberty of a defendant, an appellate court may notice plain and seriously prejudicial error in the instructions,

Shaw Steel, Inc v. Morris, Hewlett E.

Court of Appeals for the Seventh Circuit · Aug 11, 2000

The district court held that the bankruptcy court correctly found that Morris’s debt to Shaw Steel did not qualify for an exemption from discharge on the ground that Shaw Steel did not reasonably rely on the representations … Although Shaw Steel acknowledges its burden to establish that it reasonably relied on Morris’s statements, it contends that the bankruptcy court applied too strict a standard of reasonableness.

27 Fair empl.prac.cas. 610, 27 Empl. Prac. Dec. P 32,255 Roman P. Syvock, Sr., Cross-Appellee v. Milwaukee Boiler Manufacturing Co., Inc., Cross-Appellant

665 F.2d 149 · Court of Appeals for the Seventh Circuit · Dec 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. Scott Sophie

900 F.2d 1064 · Court of Appeals for the Seventh Circuit · Apr 24, 1990

In reviewing a district court’s decision on a motion to suppress evidence, we take the district court’s factual findings as true unless they are clearly erroneous. … But Velasquez itself qualifies that language by saying that a single conspiracy is necessary “in the usual case.” Id.

Ophthalmic Mutual Insurance v. Musser

143 F.3d 1062 · Court of Appeals for the Seventh Circuit · May 7, 1998

Stats., is a valid and proper “financial responsibility” law such that it fits within 15 U.S.C. § 3905 (d), which provides that the Risk Retention Act does not preempt a statute from establishing financial responsibility … Because § 655.23 matches the requisites of 8 3905(d) and reflects the very statutory language contained in the legislative history, we hold that 8 655.23 clearly fits within the exception contained in 8 3905(d). F.

National Railroad Passenger Corporation v. State of Florida, John Tanner, State Attorney in and for the Seventh Judicial Circuit of Florida

929 F.2d 1532 · Court of Appeals for the Seventh Circuit · Apr 11, 1991

Legislative policy is here expressed in a clear-cut prohibition qualified only by specifically defined exceptions.” … It is clearly established that a claim of federal preemption is not within any of the exceptions to the Anti-Injunction Act; hence, such a claim does not authorize a *1537 federal court to enjoin a state court proceeding.

United States v. Blair Cook

Court of Appeals for the Seventh Circuit · Aug 17, 2020

Johnson did not alter the general rule that a defendant whose conduct is clearly prohibited by a statute cannot be the one to make a facial vagueness challenge. United States v. … The error was not so fundamental that it qualifies as structural. Maez, 960 F.3d at 957–58.

United States v. Blair Cook

Court of Appeals for the Seventh Circuit · Aug 17, 2020

Johnson did not alter the general rule that a defendant whose conduct is clearly prohibited by a statute cannot be the one to make a facial vagueness challenge. United States v. … The error was not so fundamental that it qualifies as structural. Maez, 960 F.3d at 957–58.

Illinois ex rel. Burris v. Panhandle Eastern Pipe Line Co.

935 F.2d 1469 · Court of Appeals for the Seventh Circuit · Jun 4, 1991

clear past precedent on which litigants may have relied ... or by deciding an issue of first impression whose resolution was not clearly foreshadowed....” … Despite the dire predictions of the state, this does not mean that there now exists a “contract immunity” defense to antitrust liability.

William E. Lynn v. Csx Transportation, Inc.

84 F.3d 970 · Court of Appeals for the Seventh Circuit · May 24, 1996

At stake for the increasing number of companies offering early retirement programs to their employees is the immunity from suit they think they are contracting for as part of the deal. … To apply the anti-alienation provision in [that way] would establish the untenable rule that ERISA prevents plaintiffs from ever entering into a settlement in a dispute over lost pension benefits.” Lumpkin v.

David E. Roth, for Himself and for All Others Similarly Situated v. The Board of Regents of State Colleges and Roger E. Guiles

446 F.2d 806 · Court of Appeals for the Seventh Circuit · Jul 1, 1971

Administrative bodies of this sort are not qualified to pass on such questions. … Clearly, it will be a significant burden for the State to hold hearings on the difficult questions involved in non-renewal decisions even if not all of those teachers demand that a hearing be held.

Wilson & Co. v. National Labor Relations Board

124 F.2d 845 · Court of Appeals for the Seventh Circuit · Nov 17, 1941

After the strike was terminated petitioner hired 12 new men, but none of the 11 strikers was reinstated, although they were qualified to perform the work for which the new men were hired. … We have examined the record and think it clearly appears that Delisky’s work ceased as a consequence of a current labor dispute and that there is evidence to support the finding that he was discharged for union activity.

Albert Garza v. Harold G. Miller, Warden

688 F.2d 480 · Court of Appeals for the Seventh Circuit · Sep 10, 1982

Such a showing was necessary to establish a violation of equal protection. Id. … Section 4123 of 18 U.S.C., upon which Garza also relies, is addressed only to the establishment of new industries. 4 .

United States v. One Residence And Attached Garage Of Anthony J. Accardo

603 F.2d 1231 · Court of Appeals for the Seventh Circuit · Jul 2, 1979

It should not be required to choose between justifying its investigation step by step and, failing that, suffering on appeal the suppression of the seized evidence, rendering it forever immune from law enforcement use. … At that time an adverse order would clearly be appealable.