Case law

American Hospital Association v. Richard S. Schweiker, and Illinois Migrant Council, Intervening

721 F.2d 170 · Court of Appeals for the Seventh Circuit · Nov 1, 1983

In determining the precise level which reflects that “reasonable volume,” this court may not substitute its own idea of reasona *180 bleness' for that of the agency unless the regulation is clearly inconsistent with the purposes … When this expectation was not met, percentage compliance amounts were established.

Veluchamy v. Federal Deposit Insurance

706 F.3d 810 · Court of Appeals for the Seventh Circuit · Feb 4, 2013

As the Supreme Court has explained, the United States has not waived its sovereign immunity when it comes to APA claims seeking money damages. See Dep’t of Army v. Blue Fox, Inc., 525 U.S. 255, 260 (1999). … The FDIC prominently raised the “money damages” argument 14 No. 10-3879 in its appellate brief, clearly asserting what Appellants’ request for relief would entail, yet Appellants

Encyclopaedia Britannica, Inc. v. Commissioner of Internal Revenue

685 F.2d 212 · Court of Appeals for the Seventh Circuit · Aug 9, 1982

. § 162 (a), allows the deduction of “all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business ...,” but this is qualified (see 26 U.S.C. § 161 ) by section 263 … makes this clear: “Your committee believes that in view of the uncertainty with respect to the treatment of prepublication expenditures, the Internal Revenue Service should review this treatment and issue regulations to establish

United States v. Larson, Dwight

Court of Appeals for the Seventh Circuit · Aug 5, 2005

Moreover, Palmer cannot establish that he was prejudiced by the delay. “Prejudice is caused by delays intended to hamper defendant’s ability to present his defense.” United States v. … This finding was not clearly erroneous.

United States v. Ronald Jarrett

705 F.2d 198 · Court of Appeals for the Seventh Circuit · Jun 8, 1983

,’ ” a figure which establishes only a de minimis effect on commerce. … Their *208 testimony clearly established that Rodriguez was a coconspirator of Jarrett’s within the meaning of United States v. Gil, 604 F.2d 546 (7th Cir.1979).

Daryl A. Schultz, Norita J. Schultz v. David R. Dubois, Personally and as Trustee, Robert E. Grant, Personally and as Judge

47 F.3d 1173 · Court of Appeals for the Seventh Circuit · Feb 16, 1995

Sec. 522 (1) and Fed.R.Bankr.P. 4003, which establish procedures allowing debtors to list property that is exempt from the estate and thus is not to be sold. … Thus, the Schultzes' complaint is frivolous as the defendants are clearly immune from suit. 3 4 We hold that the Schultzes' in formal pauperis complaint is frivolous, and the trial court's dismissal of the same was proper

Graphic Communications Union, Chicago Paper Handlers' & Electrotypers' Local No. 2 v. Chicago Tribune Co.

794 F.2d 1222 · Court of Appeals for the Seventh Circuit · Jul 2, 1986

This clause provides for the establishment of a Joint Standing Committee consisting of two representatives from the CNPA and two representatives from the Union. … Our only comment on this issue was to examine whether the arbitration clause in question clearly negated post-contract arbitration. Kennicott, 771 F.2d at 302-03 .

United States v. Turner

651 F.3d 743 · Court of Appeals for the Seventh Circuit · Jul 11, 2011

Because Turner did not object at trial, he must establish “not only that the remarks denied him a fair trial, but also that the out- come of proceedings would have been different absent the remarks.” … The prosecutor’s remarks were, at the very least, not so clearly improper that the trial judge was derelict in his duty for countenancing them, even absent any timely objection by the defense.

United States v. Hatfield

591 F.3d 945 · Court of Appeals for the Seventh Circuit · Jan 14, 2010

Maybe he was healthy until he ingested it, and after and because he ingested it his immune system failed and he died from an overdose of drugs, obtained from someone else, that would not have killed him but for his weakened … His ground was that the circumstances didn’t “clearly indicate the trustworthiness of the statement” because Willbrand had changed his story twice before admitting his involvement in the burglary. United States v.

Hillier v. Southern Towing Co.

714 F.2d 714 · Court of Appeals for the Seventh Circuit · Aug 1, 1983

The consent of Congress to waive sovereign immunity and subject the treasury to money liability “cannot be implied but must be unequivocally expressed.” United States v. … The result reached is clearly correct, and I point particularly to the stress laid by that court upon the statutory authority by which the inspector was performing his duties on shipboard: law making his case entirely unlike

George Winston Hall v. United States

437 F.2d 1063 · Court of Appeals for the Seventh Circuit · Feb 5, 1971

On the form he indicated that he was qualified for and offered to perform only one form of alternative service, “a ministerial work as set forth in the Holy Bible and in conjunction with and under the direction of the Watchtower … In affirming the conviction, the court made a further statement highly pertinent to the instant case (page 430): “The District Court in the present case was of the opinion that the defense was clearly an afterthought and

Kevin A. Conner v. Daniel McBride Superintendent

375 F.3d 643 · Court of Appeals for the Seventh Circuit · Jul 20, 2004

established federal law. … David Price was qualified as an expert forensic psychologist.

United States v. Gerisa K. Eppinger

49 F.3d 1244 · Court of Appeals for the Seventh Circuit · Mar 2, 1995

The government was operating under the mistaken belief that the information about the other six kilograms was immunized information pursuant to Guideline 1B1.8. 8 It was only when the pre-sentence report came back that they … The public’s right of access to court proceedings and documents is well-established.

Frank Rosenberg, Inc. v. Tazewell County

882 F.2d 1165 · Court of Appeals for the Seventh Circuit · Aug 11, 1989

When a separate Rule 58 judgment has not been entered, however, this court may nevertheless hear the appeal if: "the district court clearly intended that the opinion and order from which an appeal was taken would represent … Our disposition makes it unnecessary to address the question 5 The individual defendants-appellees also ask this court to determine whether they enjoy absolute immunity. Appellees' Br. at 18.

Jan Domanus v. Derek Lewicki

742 F.3d 290 · Court of Appeals for the Seventh Circuit · Feb 4, 2014

Swiech’s  overtly  noncompliant  behavior  in  response  to  the  magistrate’s production orders certainly qualifies.  … They  moved  for  an  evidentiary  hearing  to  establish  damages,  but  their  motion  was  denied. 

Dixon v. City of Chicago

948 F.2d 355 · Court of Appeals for the Seventh Circuit · Nov 20, 1991

To qualify as a prevailing party under 42 U.S.C. § 1988 , a plaintiff must succeed on a significant issue in litigation which achieves some of the benefit the party sought in bringing suit. Hensley v. … This concession discontinued the enforcement of the automatic salary deductions and established the plaintiffs' right to pay their fair share fee directly to the collective bargaining representative for only those matters

Harding, Tod v. Walls, Jonathan R.

Court of Appeals for the Seventh Circuit · Aug 13, 2002

Habeas relief may be granted if a state court adjudication: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly estab- lished Federal law, as determined by … Mere reassurances given outside the realm of negotiations hardly qualify as a definitive request or promise for beneficial consideration.

Winforge, Inc. v. Coachmen Industries, Inc.

691 F.3d 856 · Court of Appeals for the Seventh Circuit · Jul 30, 2012

The defendants believed that neither McMahon nor Lee was qualified to perform those duties. 7. … failed to perform a number of tasks clearly assigned to it under the Agreement, including hiring a general con- tractor.

United States v. George R. Keskey, Jr.

863 F.2d 474 · Court of Appeals for the Seventh Circuit · Dec 21, 1988

Nevertheless, "[i]n introducing evidence of plea agreements, the prosecutor may not imply that he possessed information not heard by the jury on the issue of the immunized witness's veracity. … The prosecutor's doing so here was clearly improper and not, in the words of the majority opinion, merely the result of "poor judgment."

Oneida Nation v. Village of Hobart, Wisconsin

Court of Appeals for the Seventh Circuit · Jul 30, 2020

3 establish or diminish a reservation. … The slight acceleration of the allot‐ ment process enabled by the Dawes and Burke Acts does not 30 No. 19‐1981 even suggest, let alone clearly establish, that Congress