Case law

In Re Michael J. KRUEGER, Debtor-Appellant

192 F.3d 733 · Court of Appeals for the Seventh Circuit · Sep 24, 1999

His plan qualifies for confirmation under that chapter if it satisfies the requirements set forth in § 1325(a) of the Code. … Clearly, Saverslak does not support Mr. Krueger's position. 4 . Mr.

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.

Cheikh Lam v. Eric Holder, Jr.

698 F.3d 529 · Court of Appeals for the Seventh Circuit · Oct 16, 2012

Nevertheless, the IJ waived Lam’s appearance for the hearing and found that the charge of inadmissi- bility was established because Lam’s conviction con- stituted a crime involving moral turpitude. … A three-member panel of the BIA dismissed Lam’s appeal, finding that the IJ did not clearly err in its adverse credibility determination or in finding that Lam failed to show rehabilitation based on his incon- sistent testimony

United States v. Glen Borys

766 F.2d 304 · Court of Appeals for the Seventh Circuit · Jun 27, 1985

The three-hour detention in Moya was clearly excessive, given the officers’ knowledge that they might require a drug detection dog. … In fact, Justice Marshall argued in his concurrence for such an established limit. Id. at-, 105 S.Ct. at 1579-1581.

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.

United States v. Stanley B. Robinson and William Taylor

503 F.2d 208 · Court of Appeals for the Seventh Circuit · Oct 31, 1974

That is not enough, for it cannot be gainsaid that the defendants initiated and engaged in activities clearly shocking to conscience and violative of basic notions of civil and human rights. … U.S.C. § 242 provides : Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities

Blanchard & Associates v. Lupin Pharmaceuticals, Inc.

Court of Appeals for the Seventh Circuit · Aug 20, 2018

Those facts, if true, establish that both Lupin USA  and Lupin India were parties to the agreement.  … That  said,  the  unjust‐enrichment  claim  is  clearly  time‐ barred. Under Illinois law a claim for unjust enrichment must  be brought within five years of accrual. 735 ILL.  COMP.  STAT.  5/13‐205; Mann v. 

Blanchard & Associates v. Lupin Pharmaceuticals, Inc.

Court of Appeals for the Seventh Circuit · Aug 20, 2018

Those facts, if true, establish that both Lupin USA  and Lupin India were parties to the agreement.  … That  said,  the  unjust‐enrichment  claim  is  clearly  time‐ barred. Under Illinois law a claim for unjust enrichment must  be brought within five years of accrual. 735 ILL.  COMP.  STAT.  5/13‐205; Mann v. 

Falkenberg v. Bernard Edward Co.

175 F.2d 427 · Court of Appeals for the Seventh Circuit · Jun 21, 1949

qualified to do this work. … And, further, 336 U.S. on page 279, 69 S.Ct. at page 540 : “ * * * But the record in this case, while not establishing to a certainty that the findings are right, fall far short of convincing us that they are clearly erroneous

Bishop v. Gainer

272 F.3d 1009 · Court of Appeals for the Seventh Circuit · Dec 5, 2001

In an earlier ruling, the district court quite clearly indicated that the burden was on the ISP, saying, "[I]t is defendants who bear the burden of establishing that plaintiffs would not have been promoted irrespective of … Although he did not have the benefit of our decision in Jefferson, in the class certification order Judge Leinenweber showed a keen appreciation for the differences between the two kinds of class actions, and clearly this

American Society of Cataract & Refractive Surgery v. Thompson

279 F.3d 447 · Court of Appeals for the Seventh Circuit · Jan 28, 2002

She qualified her proposal, however, by acknowledging that the new system warranted a transition period that should be gradually implemented. See 62 Fed. … That court stressed that the Secretary was charged with establishing the conversion factor, the component at issue in Painter. See id. Similarly, in this case, the Secretary was charged with establishing PE-RVUs.

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.”

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

Gant v. United States

627 F.3d 677 · Court of Appeals for the Seventh Circuit · Dec 10, 2010

We note that a district court’s credibility findings are entitled to “exceptional deference” and should be over- turned only when they are clearly erroneous. Tezak v. United States, 256 F.3d 702, 715-16 (7th Cir. 2001). … A failure to establish either deficience or prejudice is fatal to Gant’s claim. Eddmonds v. Peters, 93 F.3d 1307, 1313 (7th Cir. 1996).

Ross CALDWELL, Plaintiff-Appellant, v. NATIONAL ASSOCIATION OF HOME BUILDERS, Defendant-Appellee

771 F.2d 1051 · Court of Appeals for the Seventh Circuit · Aug 27, 1985

Caldwell’s references in his charge to the defendant’s failure to offer him one of the AMSD positions are clearly more than an attempt to litigate his discriminatory discharge by the back door. … Convenience Prods., Inc., 750 F.2d 1405, 1409 (1984), Caldwell would have to establish (1) that he was a member of the protected class, (2) that he applied and was qualified for a position for which the NAHB was seeking applicants

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.

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.

Winston v. United States Postal Service

585 F.2d 198 · Court of Appeals for the Seventh Circuit · Sep 7, 1978

Nevertheless, we are satisfied that legislative history clearly demonstrates Congressional intent that nonpreference-eligible postal employees who are covered by a collective bargaining agreement are to be limited solely … Throughout the legislative history of both the House and Senate bills, the “fair hearing requirement” was similarly limited. 26 Moreover, the “fair hearing requirement” was, since its first appearance, qualified by the phrase

United States v. George C. Hook

471 F.3d 766 · Court of Appeals for the Seventh Circuit · Dec 13, 2006

Clearly, the statutory mandate for the DNA collection did not constitute an improper additional term. … Further, as set forth above, the DNA Act does not inflict punishment on those who are subject to it, as its purpose is to establish a national database of identifying information and to deter recidivism.

United States v. Wesley Bucey

876 F.2d 1297 · Court of Appeals for the Seventh Circuit · Jul 13, 1989

If the language is unambiguous, ... it is to be regarded as conclusive unless there is a clearly expressed legislative intent to the contrary.” Dickerson v. … Relying on this legislative history, the court held that the defendants qualified as a “financial institution.”