Case law

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.

John Taylor, Jr. v. James Brown

Court of Appeals for the Seventh Circuit · Jun 2, 2015

That  understanding  of  the  facts  was  clearly  faulty.  … But Officer  Brown  conceded  below  that  Taylor  qualified  for  the  prison  mailbox  rule,  so  he’s  waived  any  argument  on  appeal  that  Taylor did not qualify. See Hale 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

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.

Eke v. Mukasey

512 F.3d 372 · Court of Appeals for the Seventh Circuit · Jan 7, 2008

It was Eke’s burden to “establish!] his or her own inclusion and identification with such group of persons.... ” 8 C.F.R. § 208.16 (b)(2)(h). … The petitioner’s “damaged mouth and missing teeth [made him] ... unable to speak clearly.” Id.

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.

Aloysius Stahlin and Louise Stahlin, and Cross-Appellants v. Hilton Hotels Corporation, a Corporation, and Albert William Andersen, Administrator of the Estate of Alfreda Andersen, A/K/A Fredarica Andersen, and Cross-Appellees v. Dr. Edward Frank Addenbrooke, M.D., And

484 F.2d 580 · Court of Appeals for the Seventh Circuit · Sep 19, 1973

It was the established practice of the hotel to send her to a guest's room in response to a request for a doctor. … Plaintiffs produced expert testimony that a reasonably well qualified registered nurse, apprised of the facts known to Mrs.

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).

Weiping Chen v. Holder

744 F.3d 527 · Court of Appeals for the Seventh Circuit · Mar 10, 2014

We dismiss for lack of jurisdiction Chen’s petition to review the determinations that his asylum application was untimely and that he failed to establish extraordinary circumstances. … The petition was clearly late and the circumstances were typical rather than extraordinary anyway. Chen also challenges the determination that he did not qualify for withholding of removal.

Montgomery Ward & Co. v. Fidelity & Deposit Co.

162 F.2d 264 · Court of Appeals for the Seventh Circuit · May 26, 1947

That Pinkerton has a valid claim under the bond cannot be questioned, but under the interpleader suit, both Ward and Coach have established claims. … That Pinkerton should take priority over the other claimants merely because it was the first to discover its loss and prove its claim, however, is clearly contrary to the spirit of equity.

Ryan v. Rush-Presbyterian-St. Luke's Medical Center

15 F.3d 697 · Court of Appeals for the Seventh Circuit · Feb 2, 1994

"A waiver by a veteran of [her] statutory rights must ... be clearly and unequivocally indicated." O'Mara v. Petersen Sand & Gravel Co., 498 F.2d 896, 897 (7th Cir.1974) (quotation omitted). … Gibson, Circuit Judge for the United States Court of Appeals for the Eighth Circuit, is sitting by designation 1 The statute establishing veterans' reemployment rights has been renamed several times since it was established

In The Matter Of Chicago, Milwaukee, St. Paul And Pacific Railroad Company

799 F.2d 317 · Court of Appeals for the Seventh Circuit · Oct 20, 1986

Unless the second tribunal has immunity from such interference, as in Green v. … D 80 Order No. 816 qualifies Order No. 809 with respect to some trackage rights between Crivitz and Marinette, Wisconsin.

Central States, Southeast & Southwest Areas Pension Fund v. Hartlage Truck Service, Inc.

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

The CBAs in this case-unlike the collective bargaining agreements at issue in Independent Fruit -clearly express the parties' intent. … The agreements clearly defined the rights and obligations of all concerned parties.

United States v. Darryl Dombrowski

877 F.2d 520 · Court of Appeals for the Seventh Circuit · Jun 7, 1989

She argues that had she been able to elicit testimony about the number of arrests Dennis made, she would have been able to establish “how implausible it was for Dennis to remember the specific events of this particular arrest … This was clearly also the intent of the author of the Wyden proposal, which contained broad language including crimes against property as predicate offenses.

W. F. Burns Co. v. Automatic Recording Safe Co.

241 F. 472 · Court of Appeals for the Seventh Circuit · Oct 27, 1916

Proof of actual use of the-word “Teller” to designate generically plaintiff’s safe, even though never alone, but always in association with one or the other qualifying word dependent upon the specific form of safe, was sufficient … to establish a common-law trade-mark in the word “Teller.”

Lee Wing Hong v. Dulles

214 F.2d 753 · Court of Appeals for the Seventh Circuit · Jul 30, 1954

That is what the section expressly declares, without limiting or qualifying words. The language is all-inclusive and embraces nationals born abroad just as it does those born within the United States. … We think this was clearly within the province of the trial court and find no occasion to disturb his action in this respect. The judgment appealed from is Affirmed. 1 .

United States v. Alviar

573 F.3d 526 · Court of Appeals for the Seventh Circuit · Jul 23, 2009

Under immunity, Carlos Olivares testified he was a Latin King from 1989 through 2004. He stated that a Latin Kings enforcer carries out punishments within the gang and ensures gang members have firearms. … The evidence clearly established who was and who wasn’t a gang member and what gang they were affiliated with and the extent of the gang activity that related to the charged conspiracy.

United States v. Michelle's Lounge

39 F.3d 684 · Court of Appeals for the Seventh Circuit · Oct 27, 1994

Significantly, establishing probable cause is the extent of the government's burden. Id. … The 1984 amendments significantly overhauled Sec. 853, clearly establishing that the government should be required to show no more than probable cause that assets are subject to forfeiture.

13 Fair empl.prac.cas. 1425, 12 Empl. Prac. Dec. P 11,235 City of Milwaukee v. William Saxbe, in His Capacity as Attorney General of the United States of America, His Officers, Agents, Officials and Employees, Their Successors and All Others Acting in Concert or Cooperation With Them or at Their Direction or Control

546 F.2d 693 · Court of Appeals for the Seventh Circuit · Nov 12, 1976

Warth clearly establishes that "(t) he rules of standing, whether as aspects of the Art. … Those criteria have been often stated in proceedings which sought to qualify jurisdictionally under 1361. . . .