Case law

Swanson v. American Consumer Industries

517 F.2d 555 · Court of Appeals for the Seventh Circuit · May 29, 1975

They do not qualify as ordinary "taxable costs" either at common law or by statute. 1 Meddaugh v. Wilson, 151 U.S. 333, 347 , 14 S.Ct. 356 , 38 L.Ed. 183 (1894); Sprague v. Ticonic Nat. … The District Court's acceptance of these facts for the basis of the decision on the question of fees, and the determination as to the appropriate hourly rates were not clearly erroneous.

United States v. Frank Peter Balistrieri, Steve Disalvo, and Dennis Librizzi, Defendants

779 F.2d 1191 · Court of Appeals for the Seventh Circuit · Nov 26, 1985

Prevention in such circumstances is clearly preferable to attempts to cure. … This provision clearly applies to the original indictment.

United States v. Dykema

666 F.2d 1096 · Court of Appeals for the Seventh Circuit · Dec 9, 1981

His tax liability is to be investigated and established in the same manner as that of any other taxpayer. … U.S. 48, 56 , 85 S.Ct. 248, 254 , 13 L.Ed.2d 112 (1964) 4 In Ballard, Justice Jackson exclaimed: "I would ... have done with this business of judicially examining other people's faiths." 322 U.S. at 95 , 64 S.Ct. at 890 5 Clearly

United States v. Blanchard

542 F.3d 1133 · Court of Appeals for the Seventh Circuit · Sep 8, 2008

That clearly opened the door for [the prosecutor] to read into the record the Court’s comments from November 15th because that was clearly the first time Marshall Blanchard was confronted with what this Court believed ... … So the Court merely wanted [the prosecutor] to read into the record accurately and clearly the Court’s comments, which were no surprise to [defense counsel].

United States v. Robert A. Soy, Robert A. Soy v. United States

413 F.3d 594 · Court of Appeals for the Seventh Circuit · Jun 28, 2005

Such a determination is clearly permissible under the congressional determination concerning the punishment of murder committed in the course of arson. … There.is no question that, after Jones, the dwelling did not qualify as being "used in” interstate commerce for purposes of § 844(i).

United States v. Lindani Mzembe

933 F.3d 796 · Court of Appeals for the Seventh Circuit · Aug 12, 2019

First, we reverse the § 924(c) convictions and sentences for Mzembe and Fields because recent precedents establish that the underlying offenses do not qualify categorically as crimes of violence under that provision. … The district court did not clearly err in finding that Har- ris’s injuries were life-threatening.

Eagle Cove Camp & Conference C v. Town of Woodboro, Wisconsin

734 F.3d 673 · Court of Appeals for the Seventh Circuit · Oct 30, 2013

On May 8, 2001, Woodboro voluntarily subjected itself to the Oneida County Zoning and Shoreland Protection Ordi- nance (“OCZSPO”), which establishes zoning districts throu- ghout the County. … The evidence clearly suggests otherwise. The OCZSPO has a neutral purpose that incorporates Woodboro’s Comprehensive and Land Use Plans.

Bert M. Yetman, Jerry L. Adams, Frank L. Ahern v. Jane Garvey, Administrator, Federal Aviation Administration

261 F.3d 664 · Court of Appeals for the Seventh Circuit · Aug 14, 2001

Studies have clearly demonstrated CogScreen-AE’s sensitivity and specificity as a tool for assessing brain dysfunction and for detecting early stages of cognitive pathology. … To qualify as a commuter plane, the airplane had to have a passenger-seating config- *670 uralions of 30 seats or less and 7,500 pounds or less payload capacity.

John M. Dixon v. Edward A. White and Joan White

327 F.2d 434 · Court of Appeals for the Seventh Circuit · Jan 28, 1964

The findings of fact herein are ■clearly sustained by substantial evidence. … As to the pertinent law, the burden of proof was on the plaintiff to establish the alleged express trust by clear and ■unequivocal evidence, which plaintiff has failed to do.

Saint Anthony Hospital v. Elizabeth M. Whitehorn

Court of Appeals for the Seventh Circuit · Apr 25, 2024

forth our established method for ascertaining unambiguous conferral. … “[W]hat matters is whether Congress has authorized a waiver of sovereign immunity that is ‘clearly discernible’ from the sum total of its work.”

John Westley Wilson v. United States

125 F.3d 1087 · Court of Appeals for the Seventh Circuit · Feb 26, 1998

In this case, the “carrying” aspect of the offense is clearly established because, consistent with the definitions given above and accepted by this circuit, “the gun was carried by being transported in the car that [Wilson … Furthermore, the Court of Appeals stated: The government’s evidence that the defendant’s gun was strategically placed on top of the bag containing the cocaine clearly established the necessary relationship between the defendant's

United States v. Meirl Gilbert Neal

46 F.3d 1405 · Court of Appeals for the Seventh Circuit · Feb 2, 1995

The statute and sentencing guidelines clearly instruct the court to impose a minimum ten year sentence if the weight of any LSD and its carrier medium exceed 10 grams. … Chapman, 500 U.S. at 458 n. 2, 111 S.Ct. at 1924 n. 2 (reproducing chart in which weights of various carrier media are listed; using these weights, a dealer could qualify for the five-year mandatory minimum by selling LSD

United States v. Jon Burge

711 F.3d 803 · Court of Appeals for the Seventh Circuit · Apr 1, 2013

The parties do not contest that Hobley’s civil suit qualifies as an “official proceeding” within the meaning of the statute. … Moreover, Burge has failed to show any prejudice from this variance, as he clearly had reasonable notice of the charges against him and an adequate opportunity to prepare his defense.

Heritage Bank & Trust Co. v. Abdnor

906 F.2d 292 · Court of Appeals for the Seventh Circuit · Jul 3, 1990

Thus, the SBA failed to establish the materiality of the bank’s breach under the prejudice and the custom/usage prongs of the Sahadi inquiry. … There is no dispute that Kautzmann Steel was a qualified enterprise. . Unless otherwise noted, all references are to the 1983 edition of the Code of Federal Regulations. .

Deputy, Doris v. Lehman Brothers Inc

Court of Appeals for the Seventh Circuit · Sep 29, 2003

Specifically, in her opinion letter Marsh stated: “This opinion is qualified as my examination was made from photocopies. … Thus, factually the district court clearly erred.

United States v. Dennis G. Antzoulatos

962 F.2d 720 · Court of Appeals for the Seventh Circuit · May 29, 1992

Even if we were to accept that Antzoula-tos has a generalized liberty interest in selling lawfully acquired cars, we do not believe that the interest stretches so widely to immunize Antzoulatos’ conduct in this case. … The district judge’s determination in this regard is a finding of fact that we may overturn only if it is clearly erroneous. United States v.

Judith Volovsek v. Wisconsin Department of Agriculture, Trade and Consumer Protection

344 F.3d 680 · Court of Appeals for the Seventh Circuit · Sep 18, 2003

The plaintiff must establish that 1) she is a member of a protected class (or performed the protected act of filing a complaint), 2) she is qualified for the position or, if already employed, has met the defendant’s legitimate … If these elements are established, the prima facie case of intentional discrimination is established and the burden shifts to the defendant to provide a nondiscriminatory reason for the employment action. Id.

National Railway Labor Conference v. International Association of MacHinists and Aerospace Workers

830 F.2d 741 · Court of Appeals for the Seventh Circuit · Sep 21, 1987

In M-K-T the Court held that injunctions restraining unions from striking during minor disputes could be qualified by conditions against self-help by the railroad “at least where they [the conditions] are designed not only … Despite the contrary arguments of the unions we do not think this finding clearly erroneous, and when this dispute is viewed in its light we are *748 constrained to conclude that even applying substantial impact analysis,

Anne Dolder, Special Administratrix of the Estate of Lawrence Dolder, Iii, Deceased v. Martinton Township, a Municipal Corporation

998 F.2d 499 · Court of Appeals for the Seventh Circuit · Aug 26, 1993

Kirsehner established that Schoonveld was not intoxicated. … That clearly is not the case before us. Therefore, we disagree with the district court and hold that it should not have entered the JNOV in favor of the plaintiff on the question of comparative negligence. II.

Ronald Sweatt v. Union Pacific Railroad Co

796 F.3d 701 · Court of Appeals for the Seventh Circuit · Aug 6, 2015

Clearly then, Sweatt’s injury manifested itself well be- fore November 30, 2009—the critical three-year mark from his filing in district court. See Green v. … The comparators, therefore, are not directly comparable in all material re- spects, Coleman, 667 F.3d at 846, and Sweatt cannot establish his prima facie case for race discrimination.