Case law

Jack Wainscott v. William R. Henry

315 F.3d 844 · Court of Appeals for the Seventh Circuit · Jan 17, 2003

Thus, we need only consider Wainscott’s statement criticizing the city administration, which the district court found qualified as speech on a matter of public concern. … Whether the city is run in an efficient and effective manner is clearly an important matter of public concern.

United States v. Charles W. Blackburn

992 F.2d 666 · Court of Appeals for the Seventh Circuit · Apr 22, 1993

Robertson testified that “Bill” Blackburn knew her from his regular visits to the establishment. … Clearly, the report in this case was not kept in the course of a regularly conducted business activity, but rather was specially prepared at the behest of the FBI and with the knowledge that any information it supplied would

Flores-Andrade v. Lynch

670 F. App'x 402 · Court of Appeals for the Seventh Circuit · Nov 3, 2016

To qualify for relief, he therefore would have had to return by March 27, 2012. … But Flores-Andrade also acknowledged that he did not clearly recall his exact date of return.

United States v. Canady

578 F.3d 665 · Court of Appeals for the Seventh Circuit · Aug 24, 2009

We reject Canady’s first argument because the home invasion and shooting evidence were integral in establishing his possession of the firearm. … The home invasion evidence was clearly directed towards establishing that Canady possessed the firearm.

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.

Santarelli v. Katz

270 F.2d 762 · Court of Appeals for the Seventh Circuit · Jul 2, 1959

However, if a stockholder is being unjustly deprived of dividends that should be his, a court of equity will not permit management to cloak itself in the immunity of the business judgment rule. … These cases are not very helpful to defendants because they clearly state a rule which defeats defendants’ argument.

Chaidez v. United States

655 F.3d 684 · Court of Appeals for the Seventh Circuit · Aug 23, 2011

that is contingent upon a rule of law not “clearly established” at the time the state conviction became final. 529 U.S. at 379-80 , 120 S.Ct. 1495 . … The opinion of the Court stated: *696 It is past question that the rule set forth in Strickland qualifies as “clearly established Federal law, as determined by the Supreme Court of the United States.”

Hubert Wayne Johnson v. John F. Beasley Construction Company, a Corporation

742 F.2d 1054 · Court of Appeals for the Seventh Circuit · Aug 24, 1984

There, the court stated that: The clear import of our opinion in Griffith is that a maritime worker who does not actually go to sea but who is injured while performing duties on a navigable vessel must establish that he performed … For an example of how the failure to qualify this language leads, in our view, to an overly broad reading of “crew” status, see Bennett v. Perini Corp., 510 F.2d 114, 116-17 (1st Cir.1975). 6 .

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. . . .

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.

National Labor Relations Board v. Lewis University

765 F.2d 616 · Court of Appeals for the Seventh Circuit · Jun 17, 1985

To support this clearly strained conclusion, the Board asserts that the full-time faculty members merely exercise independent professional judgment; the college’s policies are established and implemented pursuant to the expired … It is only through this collegial decision making process that the university is able to effectively promote academic excellence, attract outstanding students, recruit and maintain a qualified faculty, and safeguard academic

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.

Cook County, Illinois v. Chad F. Wolf

Court of Appeals for the Seventh Circuit · Jun 10, 2020

If Congress has not spoken clearly, then we move on to step two, in which we consider whether the agency’s interpretation reflects a permissible con- struction of the statute. Id. at 843. … But when the term “public charge” was imported into fed- eral law, it was unclear how much state aid qualified someone as a “public charge.”

United States v. Emerson

501 F.3d 804 · Court of Appeals for the Seventh Circuit · Sep 7, 2007

evidence establishing the chain of custody. … Such evidence established that it was clearly foreseeable to Emerson that his co-conspirators would have firearms in their possession when committing the lick.

Hudson Insurance v. City of Chicago Heights

48 F.3d 234 · Court of Appeals for the Seventh Circuit · Feb 10, 1995

lease, sell, hold, or convey property), 1983 (intentional violation under color of state law of a person’s rights), 1985(3) (conspiracy depriving a person of the equal protection of the laws or the equal privileges and immunities … Furthermore, Chicago Heights argues, even assuming that the verdict is preclusive, no ultimate facts derivable from that verdict necessarily establish that the city intended the destruction of any buildings.

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.

Jackson, Michael F. v. Kotter, Officer

Court of Appeals for the Seventh Circuit · Sep 2, 2008

The FTCA does not specifically address relation back of amendments, but it clearly prohibits actions “begun” after the statute of limitations period: “A tort claim against the United States shall be forever barred . . . unless … Because the FTCA effects a waiver of the United States’s sovereign immunity, see United States v.

United States v. Alfred Decesaro

502 F.2d 604 · Court of Appeals for the Seventh Circuit · Aug 15, 1974

The application clearly established probable cause that DeCesaro and Ger-minaro were engaged in a gambling operation. … event, the affidavit did establish probable cause as to conspiracy.

Cook County, Illinois v. Chad F. Wolf

Court of Appeals for the Seventh Circuit · Jun 10, 2020

If Congress has not spoken clearly, then we move on to step two, in which we consider whether the agency’s interpretation reflects a permissible con- struction of the statute. Id. at 843. … But when the term “public charge” was imported into fed- eral law, it was unclear how much state aid qualified someone as a “public charge.”

Cook County, Illinois v. Chad F. Wolf

Court of Appeals for the Seventh Circuit · Jun 10, 2020

If Congress has not spoken clearly, then we move on to step two, in which we consider whether the agency’s interpretation reflects a permissible con- struction of the statute. Id. at 843. … But when the term “public charge” was imported into fed- eral law, it was unclear how much state aid qualified someone as a “public charge.”