Case law

United States v. Proano

912 F.3d 431 · Court of Appeals for the Seventh Circuit · Jan 7, 2019

[its] flight" which, in the circumstances, was "clearly unreasonable and excessive"). … Because Proano's statements to IPRA are immune under Garrity v.

Crescent Plaza Hotel Owner, L. v. Zurich American Insurance Com

20 F.4th 303 · Court of Appeals for the Seventh Circuit · Dec 9, 2021

Instead, the context and language signal clearly that the exclusion applies to losses caused by viruses. … That exclusion, therefore, would still be doing work of its own regardless of whether viruses qualify as microor- ganisms.

Godkin v. Monahan

83 F. 116 · Court of Appeals for the Seventh Circuit · Nov 8, 1897

rule that parol evidence may be received of the existence of an independent oral agreement not inconsistent with the stipulations of the written contract in respect to which the writing does not speak, but not to vary, qualify … It was clearly, therefore, erroneous to permit evidence tending to establish a parol agreement by Godkin before the signing of the contract that would be in direct contravention of any term of the contract, whether specified

Loretta Murrey, as Administratrix of the Estate of Thomas D. Murrey v. United States

73 F.3d 1448 · Court of Appeals for the Seventh Circuit · Jan 18, 1996

The judge held, without discussion, that failure to obtain informed consent is a species of misrepresentation and is therefore excluded from the Tort Claims Act’s waiver of sovereign immunity by 28 U.S.C. § 2680 (h). … Even then, so far as the statutory exception is concerned, the admissions would presumably be usable to establish the first $25,000 of liability.

Teresa M. Shaw v. Prentice Hall Computer Publishing, Inc., A/K/A MacMillan Computer Publishing, Inc.

151 F.3d 640 · Court of Appeals for the Seventh Circuit · Sep 16, 1998

The district court adopted this dichotomy in this case and concluded that Shaw’s job fell “squarely on the production side of the line,” but that she nonetheless still qualified as an administrative employee. … The $250 per week figure was established in February 1975, see 40 Fed.Reg. 7092, when the minimum wage was $2.10 per hour and was set to increase lo $2.30 at the end of that year, 29 U.S.C.A. § 206 (Historical Note).

Jane Doe 8 v. Steven Sloan

Court of Appeals for the Seventh Circuit · Apr 14, 2026

Even if they had, the district judge found that any such right was not clearly established, meaning that qual- ified immunity would shield Sheriff Sloan and Deputy Bent from liability.

United States v. Bobby Dewayne Johnson

342 F.3d 731 · Court of Appeals for the Seventh Circuit · Aug 19, 2003

Self-incriminating statements such as Johnson’s, which was clearly against his penal interest, “have long been considered reliable enough for use at trial ..., so we cannot say that they are too unreliable for use at sentencing … “It is well-established that simply a preponderance of the evidence is all that is required for a factual finding under the Sentencing Guidelines.” United States v.

United States v. Betty Kladouris

964 F.2d 658 · Court of Appeals for the Seventh Circuit · May 20, 1992

She has failed to establish any proof of bias through other witnesses much less a reason for bias. … The Court: It is clearly hearsay. The objection is sustained.”

Peabody Coal Company v. Howard T. Lowis and Director, Office of Workers' Compensation Programs, United States Department of Labor

708 F.2d 266 · Court of Appeals for the Seventh Circuit · May 17, 1983

(a) Establishing interim presumption. … (a) Establishing interim presumption.

Miller v. Civil City of South Bend

904 F.2d 1081 · Court of Appeals for the Seventh Circuit · May 24, 1990

Public nudity clearly breaks down the acceptable social norms that have evolved from our Judaeo-Chris-tian foundation. … Furthermore, in an era where sexually transmitted diseases such as Acquired Immunity Deficiency Syndrome (AIDS) are prevalent, it would seem apparent that nude dancing establishments, and their common side effects of prostitution

15 Fair empl.prac.cas. 1783, 14 Empl. Prac. Dec. P 7758 Marian Barnes, Cross-Appellee v. Callaghan & Company, Cross-Appellant

559 F.2d 1102 · Court of Appeals for the Seventh Circuit · Jul 29, 1977

We cannot agree with the district judge that the gravamen of the original complaint “was clearly the injury to plaintiff’s reputation * * * ” (Plaintiff’s App. 3). … Tribune Co., 24 Ill.2d 437 , 181 N.E.2d 105 (1962)) or by an employer’s qualified privilege.

Tyrone Petties v. Imhotep Carter

795 F.3d 688 · Court of Appeals for the Seventh Circuit · Jul 30, 2015

Evidence that a medical provider failed to abide by an established treatment protocol is evidence from which a jury could infer deliberate indifference. See Mata v. … Roane Cnty., Tenn., 534 F.3d 531, 542-43 (6th Cir.2008) (affirming denial of qualified immunity for paramedic whose failure to follow established treatment protocols could constitute deliberate indifference).

Dennis G. Moore, George R. Moore and Sierra Products, Inc., Plaintiffs- Cross-Appellees v. Wesbar Corporation and Bernard R. Weber, Cross

701 F.2d 1247 · Court of Appeals for the Seventh Circuit · Mar 10, 1983

A clarification of this issue is clearly a prerequisite to our addressing the issue of obviousness. … , which may not be set aside unless clearly erroneous.

Impeach Nixon Committee and Lynne Heidt v. Thomas Buck

498 F.2d 37 · Court of Appeals for the Seventh Circuit · Oct 21, 1974

law . . . abridging the freedom of speech . . . . ’ While ‘freedom of speech’ is not an absolute right and proper curbs have been spelled out by the judiciary, e. g., in the area of libel, the word ‘speech’ itself is not qualified … In the context of that established law which is that which should apply in this case, I turn to the particular facts and issues presented.

Fort Howard Paper Co. v. Federal Trade Commission

156 F.2d 899 · Court of Appeals for the Seventh Circuit · Jul 12, 1946

Establishing or maintaining delivered price zones or price differentials between * * * such zones. 3. Establishing or maintaining classifications of customers * * * for pricing purposes. 4. … Paragraph 5 prohibiting invoice filing is clearly erroneous since November, 1939, it has not filed price lists.

United States v. Sutton

77 F. App'x 892 · Court of Appeals for the Seventh Circuit · Oct 7, 2003

Sutton maintains that Officer Curwick never gave him a Miranda warning and that the district court clearly erred in finding otherwise. … Law enforcement officers are qualified based on their experience and familiarity with the drug trade to identify drugs.

David Kelly v. Municipal Courts Of Marion County, Indiana

97 F.3d 902 · Court of Appeals for the Seventh Circuit · Oct 2, 1996

However, Kelly fails to set forth clearly the legal framework upon which he bases his claim. … Yet the evidence before us falls far short of establishing that Sears actually told Mayer.

James Mahoney v. Federal Savings and Loan Insurance Corp., Etc.

393 F.2d 156 · Court of Appeals for the Seventh Circuit · Mar 26, 1968

Plaintiffs have called to our attention new or amended regulations effective September 1, 1967, 6 12 C.F.R. see. 564.9 sets forth rules as to accounts which qualify for treatment as joint accounts and the manner in which … With respect to (3) affidavits presented by FSLIC on its motion for summary judgment establish that as of September 30, 1966 there were 4,513 savings institutions insured by FSLIC, with some 40,000,000 accounts; that Marshall

Virginia Simpson v. Borg-Warner Automotive, Inc.

196 F.3d 873 · Court of Appeals for the Seventh Circuit · Nov 18, 1999

Simpson and Borg-Warner disagree whether company policy clearly barred the removal of tags from these parts in these circumstances. Simpson reported the worker to Ames. … Conclusion Because Simpson failed to show an adverse employment action, she has not established a prima facie case of Title VII sex discrimination.

Manuel Joaquim MacEdo Etc. v. The Boeing Company, Keith L. Boskoff, Etc. v. Transportes Aereos Portugueses, Etc.

693 F.2d 683 · Court of Appeals for the Seventh Circuit · Nov 23, 1982

Plaintiffs argue that a second forum does not qualify as an alternative forum unless each defendant was amenable to process in the second forum when plaintiff began his action. … Some idea of the type of evidence available to establish the landing speed and location would have made the motion more persuasive.