Case law

Sussman v. Jenkins

636 F.3d 329 · Court of Appeals for the Seventh Circuit · Apr 28, 2011

Sussman had failed to establish substandard performance.  Clearly, however, the state court cannot both assume deficient performance and hold that counsel’s performance was not deficient.   …  established law in light of Strickland and was contrary to Arizona v. 

Frank D. Wimberley v. Melvin Laird, Secretary of Defense

472 F.2d 923 · Court of Appeals for the Seventh Circuit · Jan 26, 1973

counsel did seriously investigate the insanity issue; 6 the extensive psychiatric evidence that he assembled in advance of trial persuasively indicates that such a defense would not have been successful. 7 It is true that two qualified … “Clearly then, grand and petit jury protections were the core rights sought to be vouchsafed.” Gosa v. Mayden, 450 F.2d 753, 756 (5th Cir. 1971). 4 .

Jankowski Lee & Associates v. Cisneros

91 F.3d 891 · Court of Appeals for the Seventh Circuit · Jul 30, 1996

Petitioners were aware that Rusinov had MS, Rusinov’s MS qualified as a handicap, Rusinov informed. … Petitioners do not challenge this finding as a factual matter and the ALJ’s finding was not clearly erroneous.

McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

672 F.3d 482 · Court of Appeals for the Seventh Circuit · Feb 24, 2012

In particular, what if the district court clearly erred in giving dispositive weight to one factor? … The company establishes criteria for deciding who will win the competition.

Jeramey Brown v. Robert Hertz

Court of Appeals for the Seventh Circuit · Aug 23, 2011

The state employees, for their part, submitted documents justifying their decisions not to respond to Brown’s grievances, and they asserted the defense of qualified immunity.  … The magistrate judge also granted summary judgment for the state employees, finding them shielded by qualified immunity in the absence of any evidence that they clearly violated Brown’s constitutional rights.

Toledo, P. & W. R. R. v. Brotherhood of Railroad Trainmen

132 F.2d 265 · Court of Appeals for the Seventh Circuit · Dec 16, 1942

Justice Cardozo said: “The right or immunity must be such that it will be supported if the Constitution or laws of the United States are given one construction or effect, and defeated if they receive another. * * * “ ‘A suit … McDougal, 225 U.S. 561, 569 , 32 S.Ct. 704, 706 , 56 L.Ed. 1205 . * * * ‘the federal nature of the right to be established is decisive — not the source of the authority to establish it.’ ” [People of Puerto Rico v.

United States v. Phillip Coleman

22 F.3d 126 · Court of Appeals for the Seventh Circuit · Apr 12, 1994

The district court’s denial of his suppression motion was not clearly erroneous. B. … We review Rule 14 severance decisions — which are most frequently denials — for abuse of discretion out of a recognition that the district court is peculiarly qualified to discharge this function, not to signal any general

United States v. Philip J. Fairchild

940 F.2d 261 · Court of Appeals for the Seventh Circuit · Aug 15, 1991

We also think the district court’s finding that Fairchild used a special skill to commit the offense was not clearly erroneous. … Fairchild thinks this qualifies as substantial assistance; the government disagrees.

National Labor Relations Board v. Laborers' International Union of North America

810 F.2d 665 · Court of Appeals for the Seventh Circuit · Jan 23, 1987

The Union established picket lines at each of the Company’s jobsites with signs stating that the Company was not a signatory to the bargaining agreement. … By the terms of the agreement, an employer must satisfy two requirements in order to qualify for the “key man” exception to the referral system in Article 3, Section 2.

St. John's Hickey Memorial Hospital, Inc. v. Joseph A. Califano, Jr., Secretary of Hew

599 F.2d 803 · Court of Appeals for the Seventh Circuit · Jun 1, 1979

In 1950, plaintiff was affiliated with other hospitals and together they established the Holy Cross School of Nursing. … The program has benefitted patient care at the hospital and has provided an adequate source of well-qualified registered nurses while reducing turnover and educational and recruiting costs.

North Avenue Novelties, Incorporated v. City of Chicago, an Illinois Municipal Corporation

88 F.3d 441 · Court of Appeals for the Seventh Circuit · Jul 18, 1996

Given the sexual character of its products, the bookstore easily qualified as an “adult use” under the ordinance. However, the bookstore’s location is such that it fails both adult use requirements. … Many municipalities have attempted to lessen the “secondary effects” of adult establishments by controlling their locations.

Bishop, Anthony v. Gainer, Terrance

272 F.3d 1009 · Court of Appeals for the Seventh Circuit · Dec 5, 2001

Once those claims were resolved, Booker as class representative was a person "qualified to bring an appeal." … In an earlier ruling, the district court quite clearly indicated that the burden was on the ISP, saying, "[I]t is defendants who bear the burden of establishing that plaintiffs would not have been promoted irrespective of

Siefert v. Alexander

608 F.3d 974 · Court of Appeals for the Seventh Circuit · Jun 14, 2010

Furthermore, although elected judges are not the same as elected legislators and executives, they are also not entirely like judges appointed for life or for fixed terms — immune from the influence of popular opinion. … It may be true that party-affiliated sheriffs and prosecutors appear frequently in courtrooms, but it is also true that frequent litigators, who are the very same lawyers who are most qualified and most likely to run for

Tyler A. Gonzales v. Cheryl Eplett

77 F.4th 585 · Court of Appeals for the Seventh Circuit · Aug 9, 2023

Worse yet, Pedro Gonzalez had been offered immunity and was prepared to testify that he drove the car while Gonzales shot at Valadez and Kruizenga. … We may issue the writ only if the state-court proceedings “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the

Donald C. Hedberg v. Indiana Bell Telephone Company, Inc.

47 F.3d 928 · Court of Appeals for the Seventh Circuit · Feb 21, 1995

However, unlike with race or sex discrimination, there are situations in alleged disability discrimination cases where an employer clearly did not know and could not have known of an employee’s disability. … The employer may fire the employee because he cannot perform his job adequately, i.e. he is not a “qualified individual” within the meaning of the ADA. See 42 U.S.C. § 12111 (8).

United States of America Ex Rel. Morse Fredric Stein v. Major Roland G. Gillen

463 F.2d 533 · Court of Appeals for the Seventh Circuit · Jun 20, 1972

It is conceded that the record presents no question but that appellant established a prima facie claim entitling him to classification as a conscientious objector under the criteria of Welsh v. … However, on his appearance before the local board he testified that it was “this summer [1970] after the Supreme Court derision” that lie decided he might qualify as a conscientious objector. Welsh v.

Estella Timms v. Anthony M. Frank

953 F.2d 281 · Court of Appeals for the Seventh Circuit · Jan 28, 1992

Specifically, she claims that issues remained as to whether shé was qualified for the position and as to the intent of the defendant in refusing to reinstate her. … These cases focused on the freedom non-prisoners have to choose between either retaining counsel or representing themselves, stating that “[i]t is the element of ‘choice’ which most clearly distinguishes the pro se prisoner

Michelle Gilbank v. Wood County Department of Human Services

111 F.4th 754 · Court of Appeals for the Seventh Circuit · Aug 1, 2024

Nor does it assert that our established Rooker- Feldman precedents have been causing active mischief and harm. … Rather, we are cleaning up our case law and clearly articulating how Exxon is to be applied in our circuit.

Taracorp, Inc. v. Nl Industries, Inc.

73 F.3d 738 · Court of Appeals for the Seventh Circuit · Feb 13, 1996

Louis Park indemnity provision, found that the Agreement clearly established that NL was not obligated to indemnify Taracorp for its St. … Damage to private parties from air emissions does not qualify as environmental contamination of the St.

United States v. Randall Wilke

156 F.3d 749 · Court of Appeals for the Seventh Circuit · Sep 16, 1998

In doing so, we accept the district court’s findings of fact supporting the departure unless clearly erroneous, United States v. … Thus, the offense that establishes the recommended range cannot be used as a basis for a departure from it.