Case law

Messner v. Northshore University HealthSystem

669 F.3d 802 · Court of Appeals for the Seventh Circuit · Jan 13, 2012

It is well established that the presence of individualized questions regarding dam- ages does not prevent certification under Rule 23(b)(3). See Wal-Mart v. Dukes, 131 S. … In this case, common questions clearly predominate in regard to whether Northshore’s merger violated federal antitrust law.

United States v. Theodore J. Isaacs and Otto Kerner, Jr.

493 F.2d 1124 · Court of Appeals for the Seventh Circuit · Mar 28, 1974

On the contrary, the jud-ieally fashioned doctrine of offical immunity does not reach ‘so far as to immunize criminal conduct proscribed by an Act of Congress * * *' Gravel v. … We have not discussed them because either they have been sufficiently covered by what we have already said or they are so clearly without substance as to make a review of them unnecessary.

Memorial Hospital for McHenry County v. The Honorable Milton I. Shadur, United States District Judge

664 F.2d 1058 · Court of Appeals for the Seventh Circuit · Nov 16, 1981

It claims that for this reason relief by mandamus is clearly appropriate. II Discovery in civil actions brought in federal courts is governed by the Federal Rules of Civil Procedure. … More importantly, the exclusion of that information will not prevent the plaintiff from otherwise establishing a valid claim.

Knapp v. Whitaker

757 F.2d 827 · Court of Appeals for the Seventh Circuit · Apr 2, 1985

This practice clearly prevents the Board from being overburdened with personal, job-related issues more efficiently handled at the administrative level. … Terry Carl Knapp, he is not qualified to teach science or health education at the high school level.

Arthur S. ANDERSON, Plaintiff-Appellant, v. BAXTER HEALTHCARE CORP., Defendant-Appellee

13 F.3d 1120 · Court of Appeals for the Seventh Circuit · Jan 11, 1994

Rather, he states either that no person was at fault or that the incidents did not clearly fall within Anderson’s area of responsibility. … Baxter argues that Anderson failed to establish a prima facie case because he was not qualified for his position at the time of his discharge, thus failing to meet element number three of the McDonnell Douglas prima facie

Michael Brandon, M.D. v. Anesthesia & Pain Management Associates, Ltd., Kumar S. Ravi, M.D., James R. Boivin, M.D., and Kathleen H. Slocum, M.D.

277 F.3d 936 · Court of Appeals for the Seventh Circuit · Jan 18, 2002

To the contrary, they have explicitly stated that it is a clearly established policy of Illinois to prevent its citizens from violating federal law and that the state’s public policy encourages employees to report suspected … People in Brandon’s position, who choose to raise their concerns privately within their firm or company, rather than publicly, simply do not qualify for the FCA claim.

Rapheal, Colcer v. Mukasey, Michael B.

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

Even if a petitioner qualifies as a refugee, asylum is still a discretionary decision. Angoucheva v. INS, 106 F.3d 781, 788 (7th Cir. 1997). … Finally, we add that the REAL ID Act clearly states that corroborative evidence may be required, placing immigrants on notice of the consequences for failing to provide corroborative evidence.

Oskar B. McMillian v. Charles Miller

19 F.3d 21 · Court of Appeals for the Seventh Circuit · Mar 15, 1994

Examples of legally frivolous claims include those against defendants who are clearly immune from suit and those involving legal interests which clearly do not exist. Alston v. … were entitled to qualified immunity.

United States v. James W. McDonald

723 F.2d 1288 · Court of Appeals for the Seventh Circuit · Feb 6, 1984

In fact, before the search ended the misdirected mail clearly appeared to incriminate McDonald in some type of illegal conduct with the United States mails. … There clearly was. The defendant’s testimony conflicted directly with the testimony of Officer Smith, and I believed Officer Smith. # * ífc if!

Atlanta Gas Light Company v. Navigators Insurance Company

Court of Appeals for the Seventh Circuit · Jan 22, 2026

And an insurer’s denial of a claim (even if incor- rect) is not sufficient, on its own, to establish a breach of the duty to exercise good faith. … The next day, another counsel for USIC, David Helms, chimed in writing, “Here, the operative complaints filed against AGL quite clearly are based solely upon AGL’s conduct.

United States v. Jessica Arong O'Brien

Court of Appeals for the Seventh Circuit · Mar 13, 2020

The indictment plainly alleged that the scheme to defraud affected Citibank, which O’Brien does not dispute qualified as a financial institution. … Reyn- olds, 189 F.3d 521, 525–26 (7th Cir. 1999) (affirming conviction and finding sufficient evidence of materiality “[b]ecause [de- fendant]’s false statements regarding his financial condition could clearly influence a

United States v. 62 PACKAGES, ETC.

142 F.2d 107 · Court of Appeals for the Seventh Circuit · May 4, 1944

Obviously the finding should not be set aside unless clearly against the weight of the evidence. Rule 52(a) Rules of Civil Procedure, 28 U.S.C.A. following Section 723: Sauder v. … By examination of the rates at which normal persons give off heat, scientists have established the normal rate of metabolism from which, experience has revealed, most persons deviate by not more than 10 per cent.

United States v. Jessica Arong O'Brien

Court of Appeals for the Seventh Circuit · Mar 13, 2020

The indictment plainly alleged that the scheme to defraud affected Citibank, which O’Brien does not dispute qualified as a financial institution. … Reyn- olds, 189 F.3d 521, 525–26 (7th Cir. 1999) (affirming conviction and finding sufficient evidence of materiality “[b]ecause [de- fendant]’s false statements regarding his financial condition could clearly influence a

Larry R. Adkins and Sondra Adkins v. Commissioner of Internal Revenue

875 F.2d 137 · Court of Appeals for the Seventh Circuit · May 18, 1989

The concluding paragraph of the opinion was: The district court’s findings that Rogers did not participate in the sale of unregistered securities are not clearly erroneous. … Further, the district court’s findings that Rogers did not make material misrepresentations are not clearly erroneous. It is clear that the Adkins cannot claim res judicata.

Kayla Smiley v. Katie Jenner

Court of Appeals for the Seventh Circuit · Apr 21, 2026

I A Indiana law establishes curriculum requirements for cer- tain schools within the state. See Ind. Code § 20-30-1-1 et seq., 20-30-17-1. … Some usages of stickers may qualify as “instruction” under the Indiana statute and as 12 No. 23-2543 protected speech.

United States v. Naeem Kohli

847 F.3d 483 · Court of Appeals for the Seventh Circuit · Feb 1, 2017

Kohli that physicians are not automatically liable under § 841(a) whenever they prescribe narcotics to a patient who happens to be addicted; but we add that neither are they automatically immune from liability whenever a … The district court thus correctly spelled out each of the elements of the of- fense, and clearly articulated the appropriate burden of proof governing criminal liability.

United States v. James Harry Rand, Also Known as Harry Rand

482 F.3d 943 · Court of Appeals for the Seventh Circuit · Apr 6, 2007

Kalady clearly murdered White and, viewing the evidence in the light most favorable to the government, Rand clearly aided and abetted that nefarious act. But did Rand violate § 1512? We think the answer is “yes.” … While both cases held that a witness killing qualifies for prosecution under § 1512, neither went so far as to mandate that the victim must be a witness. Likewise, Rand argues that United States v.

Disability Rights Wisconsin, Inc. v. Wisconsin Department of Public Instruction

463 F.3d 719 · Court of Appeals for the Seventh Circuit · Sep 13, 2006

Will not almost every record that a P&A agency seeks somehow qualify as relevant to an investigation? … This clearly defeats the purposes of DRW and the federal P&A statutes.

United States v. Clyde Dickerson

901 F.2d 579 · Court of Appeals for the Seventh Circuit · May 1, 1990

The Illinois robbery statute very clearly, then, contains “an element [of] use, attempted use, or threatened use of physical force against the person of another,” necessary to qualify as a “violent felony” under 18 U.S.C. … These activities clearly involved the use of physical force against the victim.

Baskin v. United States

209 F. 740 · Court of Appeals for the Seventh Circuit · Oct 7, 1913

The record shows: That the creditors’ petition for involuntary bankruptcy was filed the day before; that a receiver had been appointed and qualified upon petition therefor, in conformity with the well-known practice of the … The concluding proposition of error is that the evidence establishes the entire examination of the witness in the bankruptcy proceeding to have been conducted without the presence of or actual hearing by Referee Eastman.