Case law

Illinois Physicians Union v. Miller

675 F.2d 151 · Court of Appeals for the Seventh Circuit · Apr 13, 1982

865 , 393 N.E.2d 1212 (1st Dist. 1979), concerned a statutory presumption that a transfer of property for less than cash market value within five years of an application for Medicaid assistance was made with the intent to qualify … The district court clearly had the authority to fully adjudicate the rights of all parties before it. Under the Declaratory Judgment Act, the court may grant all “necessary or proper relief.” 28 U.S.C. § 2201 .

Cerro Copper Products Co. v. Ruckelshaus

766 F.2d 1060 · Court of Appeals for the Seventh Circuit · Jul 1, 1985

To qualify for these “removal credits,” the POTW must have an EPA-approved pretreatment program and must submit periodic data to the EPA concerning the quantity and quality of the POTW’s normal in-fluent and effluent flow … We summarily dispose of the petitioners’ attack upon the EPA’s uniform, national pretreatment standards for the copper-forming industry as the legislative history of the Clean Water Act clearly reveals that Congress intended

John McCottrell v. Marcus White

933 F.3d 651 · Court of Appeals for the Seventh Circuit · Jul 29, 2019

Harris , 550 U.S. 372 , 380-81, 127 S.Ct. 1769 , 167 L.Ed.2d 686 (2007) (where a reliable videotape clearly captures an event in dispute and blatantly contradicts one party's version of the event so that no reasonable jury … In the final sentence of their brief on appeal, the defendants also assert that they were "at least entitled to qualified immunity." Defendants' Brief at 31.

Brian Hughes v. Southwest Airlines Company

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

These options are not qualified in any way; they are not, for instance, limited to circumstances where the can‐ cellation was beyond Southwest’s control. … Again, these options are not qualified or limited in any man‐ ner.

Kitchen, Isiah T. v. United States

Court of Appeals for the Seventh Circuit · Sep 14, 2000

Here, however, Kitchen’s direct appeal had not yet been decided, so his motion for a new trial clearly did not "follow[ ] the outcome of [his] direct appeal. … /7 Presumably, this "understanding" was some sort of immunity. /8 The fact that defense counsel wanted to call Ms.

Tabaku, Martin v. Gonzales, Alberto R.

Court of Appeals for the Seventh Circuit · Sep 29, 2005

[and not to prove] the facts spelled out in that newspa- per . . ., because clearly those journalists did not report the incidences that Mr. Tabaku reported.” … To qualify for asylum, the couple must establish that they are “refu- gees,” as defined by the Immigration and Nationality Act (INA).

Jelke v. United States

255 F. 264 · Court of Appeals for the Seventh Circuit · Mar 2, 1918

Many violations of the oleomargarine law are clearly shown. … Participation in these violations by salesmen of the Jelke Company, including the plaintiffs in error, is likewise clearly established, but the proof of the unlawful combination — the conspiracy charged — rests solely upon

Gregory Smith v. Jalate Hunt

707 F.3d 803 · Court of Appeals for the Seventh Circuit · Feb 14, 2013

Evidence, however, does not need to be relevant to each and every claim to qualify as “relevant” for purposes of admissibility. … Closing Argument The defendants’ attorney clearly made an improper statement in his closing argument.

Lee v. Price

463 F. App'x 575 · Court of Appeals for the Seventh Circuit · Jun 17, 2011

For Lee, this means that amending his complaint would have been futile because the facts he alleges, even if they do not point conclusively to the presence of probable cause, at the very least establish that the defendants … would have qualified immunity in this § 1983 suit.

United States v. Ernest D. Shields

789 F.3d 733 · Court of Appeals for the Seventh Circuit · Jun 15, 2015

Shields did not establish that his statements following his arrest were involuntary. Mr. … Shields attempts to place the burden of proving whether a prior conviction qualifies under the ACCA on the Government. Mr.

Mountain Crest SRL, LLC v. Anheuser-Busch InBev SA/NV

937 F.3d 1067 · Court of Appeals for the Seventh Circuit · Sep 5, 2019

Listings can be removed if the beer does not meet sales quotas established by BRI. No. 18-2327 7 different types of stores. … To the extent that Mountain Crest seeks relief under this section predicated solely on the six-pack rule, the act of state doctrine clearly precludes the action.

LAJIM, LLC v. Gen. Elec. Co.

917 F.3d 933 · Court of Appeals for the Seventh Circuit · Mar 4, 2019

Critically, we made clear that "[w]e [did] not suggest, of course, that once a citizen suit has cleared RCRA's statutory hurdles it is immune from all other constitutional and preclusive doctrines, such as standing, mootness … The district court weighed the competing expert testimony and found GE's expert made reasonable conclusions supported by facts; we see nothing in the court's factual findings that are clearly erroneous. ii.

Elena Fridman v. NYCB Mortgage Company LLC

780 F.3d 773 · Court of Appeals for the Seventh Circuit · Mar 11, 2015

With this much established, we are left with the question how electronic authorizations fit into the statutory and regulatory system. … And checks are only an example of devices that qualify as a “payment instrument or other means of payment,” an open-ended set.

Dell ex rel. Dell v. Board of Education

32 F.3d 1053 · Court of Appeals for the Seventh Circuit · Aug 9, 1994

Finally, they contend that the State defendants do not have Eleventh Amendment immunity. We consider each of these issues in turn. II DISMISSAL OF IDEA CLAIMS A. … The IDEA clearly reflects a goal of avoiding delay in resolving education questions and in meeting the educational needs of the disabled child.

Cincinnati Insurance Company v. City of Taylorville

818 F.2d 1345 · Court of Appeals for the Seventh Circuit · May 12, 1987

This new ordinance established a “Fire Protection Association” to provide fire protection to property located outside the city limits. … Although the court found the city immune from suit, the court nevertheless noted that the city, having voluntarily assumed to provide water to fight the fire, was under a duty to continue providing water until the fire was

Rodriguez v. Plymouth Ambulance Service

577 F.3d 816 · Court of Appeals for the Seventh Circuit · Aug 18, 2009

The state clearly does not relieve itself of its responsibility to provide medical care solely on account of the venue where those services are rendered. See Conner v. … McKnight, 521 U.S. 399, 412-13 , 117 S.Ct. 2100 , 138 L.Ed.2d 540 (1997) *832 (holding that private prison guards were not entitled to assert the defense of qualified immunity, but leaving open the question of whether the

Mattson, Thomas v. Caterpillar Inc

Court of Appeals for the Seventh Circuit · Mar 4, 2004

If we were to adopt Mattson’s arguments, it would encourage the abuse of Title VII and the proceedings that it establishes. Our holding is in accord with Johnson v. … The Supreme Court therefore concluded that the plaintiff’s complaint did not qualify as protected activity under Title VII.

United States v. Albert Garza, United States of America v. Howard Zumberge, United States of America v. Lawrence Caldwell

664 F.2d 135 · Court of Appeals for the Seventh Circuit · Dec 2, 1981

The witnesses appellants presented clearly established that appellants had acted as peace negotiators and that their lives, as a result, were endangered. … Other defense witnesses already had established that appellants were in danger. Evidence of the murders probably would have confused the jurors and, in any event, was clearly cumulative.

In Re US

572 F.3d 301 · Court of Appeals for the Seventh Circuit · Jul 10, 2009

This participation was clearly violative of the specific prohibition in the Federal Rules of Criminal Procedure that forbids the court from becoming involved in plea negotiations. See Fed. … The Judge's view of the future course of this prosecution clearly was favorable to the defendant. [13] See United States v.

Dean Patterson v. Stephen A. Portch

915 F.2d 1575 · Court of Appeals for the Seventh Circuit · Oct 9, 1990

The resolution of the issue depends on whether, in 1979 when the act occurred, the law was "clearly established" that "constructive resignation" is a form of involuntary termination that entitles the employee to a hearing … Yet we took some pages to reach this conclusion, which was not compelled by precedent, not obvious on the basis of precedent, and, in short, not "clearly established," at the time of the incident (although it would be now