Case law

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.

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. William J. Osborne, Thomas E. Hanna and Joseph Urbano, Jr., Also Known as Toby Urbano

931 F.2d 1139 · Court of Appeals for the Seventh Circuit · Jun 6, 1991

The commentary to this guideline qualifies the requirement for issuing of tentative findings with ‘where appropriate,’ thus suggesting the district court has discretion on this matter. … If the Sentencing Commission wished to establish a special downward adjustment for all drug couriers, it could easily have done so.

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.

Sutker v. Illinois State Dental Society

808 F.2d 632 · Court of Appeals for the Seventh Circuit · Dec 23, 1986

In his view, the denturist’s own evidence “establishes that the law is rational.” Id. at 1842. … The Act is clearly an exercise of Illinois’ police power authority to regulate matters of health and safety.

Raymond J. Donovan, Secretary of Labor v. Estate of Frank E. Fitzsimmons, David Dutchak, Raymond J. Donovan, Secretary of Labor, Intervening v. International Brotherhood of Teamsters, Chester J. Sullivan, Raymond J. Donovan, Secretary of Labor, Intervening v. Estate of Frank E. Fitzsimmons

778 F.2d 298 · Court of Appeals for the Seventh Circuit · Nov 15, 1985

In this case, quite the contrary clearly occurred. … Given those findings, which we will set aside only if clearly erroneous, Vulcan, Inc. v.

Ben-Yisrayl, Obadyah v. Davis, Cecil

431 F.3d 1043 · Court of Appeals for the Seventh Circuit · Dec 13, 2005

Also, only lawyers qualified, to defend in death penalty cases are permitted to represent such defendants. … Without a more reliable record to review, it is an unreasonable application of clearly established federal law to conclude that the prosecutor’s statement constituted harmless error. See Simmons v.

Gaffney, Michael P. v. Riverboat Serv IN

451 F.3d 424 · Court of Appeals for the Seventh Circuit · Jun 16, 2006

Therefore, the plaintiffs’ October 10th letter clearly qualifies as a “report”: It identified the company responsible for the alleged regulatory violation, the vessel in question, the plaintiffs’ employer, as well as the … These factual conclusions shall be reversed only if clearly erroneous. See Matthews v.

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.

Harvey v. Office of Banks & Real Estate

377 F.3d 698 · Court of Appeals for the Seventh Circuit · Jul 26, 2004

It is not, as OBRE argues, an occasion for the court to march back through the intermediary burden-shifting steps established by McDonnell Douglas. … evidence of pretext unless those differences are so favorable to the plaintiff that there can be no dispute among reasonable persons of impartial judgment that the plaintiff was clearly better qualified for the position

United States v. Darren S. Bradley

145 F.3d 889 · Court of Appeals for the Seventh Circuit · May 13, 1998

With this in mind, it is clearly unavailing for Bradley to contend that the 911 call is irrelevant because “there was no challenge as to the 911 call itself.” … In this case, the 911 call establishes or tends to establish the following: a woman was the victim, a lone man was the aggressor, the incident took place at a particular address, and the gunman was not in the victim’s immediate

Richard Baulos and Stanley Schneider v. Roadway Express, Inc.

139 F.3d 1147 · Court of Appeals for the Seventh Circuit · Mar 24, 1998

Roadway argues that plaintiffs were unable to perform one particular job for them, driving sleeper trucks, and that this is insufficient to establish a disability under the ADA. 4 “It is now well-established that an inability … Johnson clearly holds that claimants do not have to have an actual impairment to be regarded as disabled. Id. at 819 .

Cincinnati Life Insurance Comp v. Marjorie Beyrer

722 F.3d 939 · Court of Appeals for the Seventh Circuit · Jul 8, 2013

In the Rule 59 context, the moving party must clearly establish that the new evidence “would probably pro- duce a new result” in a new trial. Envtl. … Barrier Co., 540 F.3d at 608; see also Blue, 698 F.3d at 598 (moving party must “clearly establish” grounds for relief).

Jenkins v. Bartlett

487 F.3d 482 · Court of Appeals for the Seventh Circuit · Apr 23, 2007

The district court denied Officer Bartlett's motion for summary judgment based on the defense of qualified immunity: It held that genuine issues existed as to the reasonableness of the use of deadly force. … erroneous factual findings; or (4) the decision clearly appears arbitrary."

Deidre Davis v. Yolanda Carter

452 F.3d 686 · Court of Appeals for the Seventh Circuit · Jun 28, 2006

.2d 402, 406 (7th Cir.1992) (affirming the denial of defendants’ motion for summary judgment and explaining that “[a]t trial the defendants may be able to adduce various defenses, but they may not now avoid suit under the qualified … immunity doctrine on the record as it now exists”).

United States of America, Cross-Appellant v. Patrick J. Doherty, Cross-Appellee

969 F.2d 425 · Court of Appeals for the Seventh Circuit · Jul 24, 1992

We once mentioned in passing that § 1344 probably prohibits bare check kiting, Kucik, 844 F.2d at 499-500 , but language in passing does not establish the law of the Circuit. United States v. … And there isn’t anything here that is unusual in my view .that would qualify for a further enhancement. Sentencing Tr. at 44. We believe that the court’s analysis did not properly apply the Guidelines.

A. Earl Bell, John E. Christian, and Ben Z. Klatch v. Trustees of Purdue University and Purdue University

975 F.2d 422 · Court of Appeals for the Seventh Circuit · Oct 26, 1992

Subsequently, the court granted the defendants’ motion for partial summary judgment holding that Purdue’s TIAA-CREF Plan qualified as a bona fide employee benefit plan under section 4(f)(2) and that “Purdue’s contributions … We note that we have held that Purdue University is an instrumentality of the state entitled to Eleventh Amendment immunity, Kashani v.

Reed v. Lawrence Chevrolet, Inc.

14 F. App'x 679 · Court of Appeals for the Seventh Circuit · Jul 23, 2001

Malinowski testified by affidavit that Lefco had several years of finance experience and that he believed she was more qualified. … All of Lawrence Chevrolet’s responses were prefaced with a qualifier: “Respondent dealership was sold in December 1998.

Palka v. City of Chicago

662 F.3d 428 · Court of Appeals for the Seventh Circuit · Oct 18, 2011

Tobias’s recommendation was also based on Peter’s repeated inability to pass the firearms qualifying test, which was perhaps attributable to his (admitted) failure to read the department’s firearms manual (another rules viola … Indeed, we have held that Title VII claims enjoy no special immunity from res judicata. See Herrmann v.