Case law

Byers v. Basinger

610 F.3d 980 · Court of Appeals for the Seventh Circuit · Jul 9, 2010

Carter, 361 F.3d 327, 333 (7th Cir. 2004) (finding exhaustion because all claims focused on counsel’s advice regarding a use-immunity agreement even though he asserted varying amend- ments as the basis for the claim); see … established federal law or an unreasonable determination of the facts. 28 U.S.C. § 2254(d).

National Association of Realtors v. National Real Estate Association, Inc.

894 F.2d 937 · Court of Appeals for the Seventh Circuit · Feb 6, 1990

not lift the corporate veil in search of the ultimate incidence of the corporation’s transactions; the tracing out of the incidence of such transactions is too complicated a process to make it a feasible preliminary to establishing … by finding someone in a different state to sue on his behalf — such as the Rotary Club, or the Elks, or the Veterans of Foreign Wars, or some other organization of which he might be a member. *940 Yet that is this case — clearly

Bernice F. Stark v. Caspar W. Weinberger (Successor to Elliot Richardson)

497 F.2d 1092 · Court of Appeals for the Seventh Circuit · May 31, 1974

The uneontroverted medical, as well as lay, evidence before us clearly refutes such a contention. There is no cure for scleroderma. … First, as already stated, the uncontradieted evidence now in the record provides an affirmative answer to that question; we may not qualify that answer by discounting the testimony of a witness whom the administrative law

O'regan v. Arbitration Forums, Inc.

121 F.3d 1060 · Court of Appeals for the Seventh Circuit · Jul 31, 1997

And there is little here that clearly suggests criminal tax violations. … claim; thus O’Regan’s refusal to sign does not clearly implicate Illinois public policy.

United States of America, Cross-Appellee v. Martin De La Torre

327 F.3d 605 · Court of Appeals for the Seventh Circuit · May 1, 2003

During that sentencing hearing, the district court found, by a preponderance of the evidence, that the drug conspiracy involved over 1000 kg of marijuana, which qualified De la Torre for a base offense level of 32 on the … Grouping multiple counts merely affects the offense level used in establishing a guideline range and cannot change a statutory penalty. See Knox, 301 F.3d at 620 ; United States v.

Alyssa Esker v. Christopher Lutz

Court of Appeals for the Seventh Circuit · Aug 18, 2022

A plaintiff must also establish that the constitutional right was clearly established at the time of the encounter, see Sheehan, 575 U.S. at 611, or that the violation was so egregious that “no reasonable officer could have … Nor is the conduct so obviously egregious as to make qualified immunity inappropriate.

Lynda Fallon v. State of Illinois

882 F.2d 1206 · Court of Appeals for the Seventh Circuit · Aug 15, 1989

We can overturn that finding, then, only if it is clearly erroneous. Id.; Mercy Hospital, 709 F.2d at 1198 . … Finally, the State contends that VSOs were required to join veterans groups for which the VSO was qualified. The testimony on this point was equivocal, however.

Young Dong Kim v. Eric H. Holder, Jr.

737 F.3d 1181 · Court of Appeals for the Seventh Circuit · Dec 16, 2013

Second, exercises of prosecutorial discre- tion by the DHS generally are immune from judicial review. See Reno v. American-Arab Anti-Discrimination Committee, 525 U.S. 471, 482-92 (1999). … The regulation clearly spells out what is meant by “fault” and “technical reasons.” In relevant part, the regulation states: No fault of the applicant or for technical reasons.

Benuzzi v. Board of Educ. of City of Chicago

647 F.3d 652 · Court of Appeals for the Seventh Circuit · Jul 21, 2011

In 2004, she reached the Grade V-II Engineer level, which qualified her to oversee custodial operations at large school buildings. … In 2004, Benuzzi attained the rank of Grade V-II engineer, which qualified her to serve as the engineer-in-charge at a large school.

United States v. Jeffrey P. Taylor

777 F.3d 434 · Court of Appeals for the Seventh Circuit · Jan 27, 2015

See id. § 16915(a)(1) (establishing a minimum registra- tion period of 15 years). … The parties and the probation officer asked the judge to decide whether Taylor’s § 1470 convictions qualify as “sex offenses” under SORNA.

Leroy Kirk and Donald Stuart v. Board of Education of Bremen Community High School District, No. 228, Cook County, Illinois

811 F.2d 347 · Court of Appeals for the Seventh Circuit · Jan 22, 1987

We are not as convinced as defendants are that the remedy was clearly foreclosed. … As we have held, the prior judgment in this case did not establish any right of the board to discharge plaintiffs, it merely established that the arbitrator did not have the power to order reinstatement.

Kevin Wilke v. Adam Stublaski

Court of Appeals for the Seventh Circuit · Oct 21, 2019

Because absolute immunity applies to Stublaski’s actions, we do not address whether he violated Wilke’s due-process rights, and if so, whether qualified immunity would apply. See Boogaard v. … We agree with Wilke that judicial immunity does not prevent him from bringing an action against the judges under this statute. Absolute immunity may be abrogated when a legislature clearly intends to do so.

Hall, Thomas v. Babb, Steve

Court of Appeals for the Seventh Circuit · Nov 24, 2004

case, the parties agree on several propositions: that the job at issue did not fall under the policymaking exception to Rutan, that the defendants are proper parties under § 1983, that none of the defendants is entitled to qualified … immunity, and that Hall’s chosen level of political activity was protected conduct.

Box v. A & P Tea Co.

772 F.2d 1372 · Court of Appeals for the Seventh Circuit · Sep 5, 1985

Without these handwritten additions, Box’s sex discrimination case would clearly lie outside the parameters of her EEOC complaint. See Clark v. … Of course arguments in briefs are not evidence and cannot establish the unnamed employee’s identity.

Planned Parenthood of Wiscons v. Brad D. Schimel

806 F.3d 908 · Court of Appeals for the Seventh Circuit · Nov 23, 2015

As an intermediate appellate court, we are bound to apply standards established by the Supreme Court. … It also con-eluded that the immediate effective date after signing was clearly intended to close the clinics. But the legislative purpose was not to immediately close the clinics.

Germane v. Heckler

804 F.2d 366 · Court of Appeals for the Seventh Circuit · Oct 22, 1986

The magistrate correctly applied the analysis for disparate treatment claims established in McDonnell Douglas v. … We see no basis to overturn it as clearly erroneous. See Batson v.

Virginia Christiansen v. Apv Crepaco, Inc., and Blackhawk Lodge No. 957, International Association of MacHinists and Aerospace Workers

178 F.3d 910 · Court of Appeals for the Seventh Circuit · May 24, 1999

In 1991, AVP and Christiansen’s union, Blackhawk Local 957 (“Local 957”) negotiated a learn-to-earn program (“program”) which allowed employees to qualify for higher pay by acquiring certain “skill blocks.” … However, subsequent cases from this circuit clearly limit tolling under Frandsen to the pursuit of formal or required internal procedures. See Pantoja v.

Shedrick L. King v. Weldon Cooke, Robert Doster, Charles Bloomer, Tim Todd, and Various Unknown Physicians and Surgeons, Wishard Memorial Hospital

26 F.3d 720 · Court of Appeals for the Seventh Circuit · Aug 15, 1994

But the answer also raised affirmative defenses of qualified immunity and failure to state a claim, and concluded with a prayer for relief that King “take nothing by way of his complaint.” … King requested from the defendants all log books used by officers of Cell-house C in 1986, and logs of inmate telephone calls, sick calls and sick passes, obviously to establish the number of times he requested medical assistance

Apex Electrical Manufacturing Co. v. Altorfer Bros. Co.

238 F.2d 867 · Court of Appeals for the Seventh Circuit · Nov 26, 1956

Qualified expert witnesses testified for both plaintiffs and defendant. Other witnesses gave oral testimony, and depositions of certain witnesses were received into evidence. Infringement. … Under these Articles Apex was permitted to go on making its “Spiral dashers" and “Double dashers” without interference from Easy and obtained the right to extend the same immunity to its licensees.

Grand Trunk Corporation v. STB

Court of Appeals for the Seventh Circuit · Jul 25, 2025

Like many aspects of the American economy, railroads were not immune from the workforce challenges of the COVID-19 pandemic. … . 24-1811 17 show[ed] a compelling reason” for terminal access because the “current service” was “clearly inadequate” (citing Has- tings Com.