Case law

United States v. A. Wendell Wheadon

794 F.2d 1277 · Court of Appeals for the Seventh Circuit · Jul 15, 1986

Wheadon argues that the evidence did not establish a fraud against the United States, within the meaning of 18 U.S.C. §§ 286 and 201(c)(2). … This clearly contradicted an essential underpinning of Wheadon’s defense and corroborated Jacox’s testimony.

Franco Damian Ferreyra v. William P. Barr

Court of Appeals for the Seventh Circuit · Jun 16, 2020

To qualify, the visitor must have a passport from a participating country and waive the right to contest removal, except based on asylum. Id. § 1187(a)–(b). … To establish that the applicant is a refugee within the meaning of such section, the ap- plicant must establish that race, religion, nationality, membership in a particular social group, or political

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.

Mary E. Fisk, Special Administratrix of the Estate of Clarence J. Fisk, Deceased v. United States

657 F.2d 167 · Court of Appeals for the Seventh Circuit · Aug 21, 1981

The FTCA was passed in 1946 to remove some of the protections of the doctrine of *170 sovereign immunity. … Clearly no such claim would ever be justiciable even were an astucious plaintiff to lodge such a clairvoyant complaint, for courts simply cannot protect rights against “assumed potential invasions,” Arizona v.

Celena Venturelli v. Arc Community Services, Inc.

336 F.3d 606 · Court of Appeals for the Seventh Circuit · Sep 19, 2003

Indirect Method Under the indirect method of proof, a plaintiff must first establish a prima facie case of discrimination. … Clearly ARC wanted to hire Venturelli as the administrative assistant. However, Collins’ ramblings about motherhood apparently reduced or even eliminated Venturelli’s desire to accept a permanent job at ARC.

Squibb, Mary R. v. Memorial Medical

Court of Appeals for the Seventh Circuit · Aug 16, 2007

Squibb contends that she suffered an intermediate retaliatory act: She was offered the position of patient placement coordinator, a job she contends was clearly outside her physical restrictions.10 Ms. … Squibb is not “similarly situated” to persons better qualified for an open position than she was. See Patterson v.

Mackey v. United States

411 F.2d 504 · Court of Appeals for the Seventh Circuit · Jun 4, 1969

The criteria which control the question are nonetheless clearly delineated. … If gambling were not a crime, or if defendant had been granted immunity from all gambling prosecutions, he could have claimed no privilege by reason of potential income tax jeopardy against filing the required wagering excise

Janet M. Merillat v. Metal Spinners, Incorporated

470 F.3d 685 · Court of Appeals for the Seventh Circuit · Dec 6, 2006

It is usually the least qualified or least productive employee.” Fairchild v. Forma Scientific, Inc., 147 F.3d 567, 573 (7th Cir.1998). Even though, as noted above, Ms. … Avery Dennison Corp., 281 F.3d 676, 680 (7th Cir.2002) (finding that employees with different qualifi *694 cations and experiences were not similarly situated); Doan v.

Robert Ramirez v. Cecil A. Turner, Warden, United States Penitentiary-Marion, Illinois

991 F.2d 351 · Court of Appeals for the Seventh Circuit · Aug 2, 1993

We must decide whether any of the alleged liberty interests qualify as such. If any does, then the claims of lack of due process must be resolved. … Moreover, under the circumstances, we think it would be clearly erroneous to rely on these uncounseled and necessarily speculative statements as concessions that his chance for parole at any time in the future is so negligible

Paldo Sign and Display Company v. Wagener Equities, Incorporated

825 F.3d 793 · Court of Appeals for the Seventh Circuit · Jun 16, 2016

As in Clark, “[b]ecause B2B expressly contradicted [defendant’s] actual instructions, this is clearly not express actual agency.” Clark, 816 F.3d at 939. … I think it clearly refers to an acknowledgment that the operation issued illegitimate diplomas.

Salih Baker v. John Fermon

Court of Appeals for the Seventh Circuit · Jan 23, 2020

It ruled that Fermon was entitled to qualified immunity because he had arguable probable cause to arrest, search, and detain Baker. … But when a detention lacks probable cause, “arguable probable cause” will shield an officer from suit through qualified immunity if, under the same circumstances and well-established law, a reasonable officer could have found

Frantz Manufacturing Company, and v. Phenix Manufacturing Company, Inc., And

457 F.2d 314 · Court of Appeals for the Seventh Circuit · Mar 16, 1972

The district court properly exercised its discretion in refusing to reopen the case to give plaintiff a second chance to try to establish the validity of its patent. … Since the sale door is clearly prior art with respect to the ’612 patent, Illinois Tool Works, Inc. v.

K.C. v. Individual Members of the Medical Licensing Board

121 F.4th 604 · Court of Appeals for the Seventh Circuit · Nov 13, 2024

That realization would nul- lify the trait that qualified the adolescent for constitutional protection in the first place. … The district court clearly erred.

Douglas Schadel and Inez Schadel v. Iowa Interstate Railroad, Ltd.

381 F.3d 671 · Court of Appeals for the Seventh Circuit · Aug 25, 2004

IAIS clearly thinks that this rule would be highly favorable to it here. … Edmonds , the Court stated “merely reaffirmed] the well-established principle of joint and several liability.” 511 U.S. at 220 , 114 S.Ct. 1461 .

Majors, Brian v. Abell, Marsha

Court of Appeals for the Seventh Circuit · Jan 23, 2003

Not if it clearly fails to cover his conduct, of course. … As the unconstitutionality of the statute is debatable, the defendants are shielded by official immunity from dam- ages liability. The dismissal of so much of the suit as seeks damages is therefore affirmed.

United States v. Kenneth Block

705 F.3d 755 · Court of Appeals for the Seventh Circuit · Feb 1, 2013

Contreras, 249 F.3d. 595, 602 (7th Cir. 2001) (finding “[n]o one was more qualified than [the defendant] himself to put a number on the amounts of cocaine he was purchasing and re-selling, and [the agent] was simply recounting … Applying its drug quantity calculation consis- tently among the various defendants was therefore not clearly erroneous. B.

United States v. Alex J. Raineri

670 F.2d 702 · Court of Appeals for the Seventh Circuit · Mar 24, 1982

Effective Representation Defense counsel’s failure to qualify the medical records for admission as an exhibit does not rebut the presumption that *712 counsel afforded the defendant adequate assistance. United States v. … Immunity or a letter of intent of immunity from Iron County from the District Attorney. Correspondence between Mr.

Harris Trust & Savings Bank v. Provident Life & Accident Insurance

57 F.3d 608 · Court of Appeals for the Seventh Circuit · Jun 19, 1995

Plaintiffs contend that Provident has the type of discretionary authority and responsibility necessary to qualify as a plan fiduciary, and is therefore liable for any breach of its contractual and fiduciary duties. … Campbell has clearly stated a viable claim for relief under § 1132(a)(3)(B).

United States v. Price

906 F.3d 685 · Court of Appeals for the Seventh Circuit · Oct 19, 2018

Thus, Price argues, Holden cannot qualify as a victim because he was a co-conspirator and participant in the drug conspiracy, and therefore the district court had no statutory authority to order restitution to reimburse Holden's … Price contends that this is plain error because, he asserts, the court clearly acted without authority under the plain language of the statute.

United States v. George Lawson

507 F.2d 433 · Court of Appeals for the Seventh Circuit · Dec 19, 1974

Cunningham was qualified as an expert witness and testified that the powder contained in the exhibits was cocaine. … Certainly a standing objection should not be given broader scope than is found in its establishing statement. 3 .