Case law

National Lead Co. v. Federal Trade Commission

227 F.2d 825 · Court of Appeals for the Seventh Circuit · Dec 1, 1955

Each producer established its own practices as to prices and conditions of sale. … Clearly, the Commission was concerned here with enforcement of its order *844 prohibiting concerted action.

Keane, Judith v. Sears Roebuck

Court of Appeals for the Seventh Circuit · Aug 10, 2005

It went on to state that Sears also must prevail because Keane cannot establish any of the other elements of her failure to accommodate claim. … To establish a claim for failure to accommodate, a plain- tiff must show that: (1) she is a qualified individual with a disability; (2) the employer was aware of her disability; and (3) the employer failed to reasonably accommodate

United States v. Peter Palivos and Louis Marin

486 F.3d 250 · Court of Appeals for the Seventh Circuit · Apr 10, 2007

To qualify for the loan, Bouzanis presented false income tax returns to The Money Store. He also completed a document that allowed the lender to obtain his federal income tax forms. … Marin’s statement establishes that the 1040A was false and that it was used in an attempt to obtain a loan. But, to repeat, this return was not filed with the IRS.

Douglas J. Feela v. Thomas Israel and Bronson Lafollette, Maurice Sabin v. Thomas Israel and Bronson Lafollette

727 F.2d 151 · Court of Appeals for the Seventh Circuit · Feb 7, 1984

Whether the evidence presented at trial was insufficient to establish the guilt of Maurice Sabin as a party to the crime of attempted murder? … This was clearly improper under Doyle, supra.

United States v. Blair Cook

Court of Appeals for the Seventh Circuit · Jan 28, 2019

Johnson did not alter the general rule that a defendant whose conduct is clearly prohibited by a statute cannot be the one to make a facial vagueness challenge. United States v. … (Recall that Cook had rejected the government’s offer to add language that use of marijuana on a single occa- sion was insufficient to establish unlawful drug use.)

United States v. Haslage

853 F.3d 331 · Court of Appeals for the Seventh Circuit · Apr 3, 2017

. § 16913 , which establishes SORNA’s basic registration requirements for sex offenders. … Although the crimes were not completed until Haslage and Toney failed to appear in person in their new home states and provide that jurisdiction with their registration information, the offenses clearly began in Wisconsin

Joseph R. Anderer, Jr. v. Police Chief Arthur Jones

385 F.3d 1043 · Court of Appeals for the Seventh Circuit · Oct 6, 2004

As noted above, although Anderer did make voluntary comments, some of those qualified as “off-the-record” and the rest were made before he ever became a suspect. … Jones, which were informal, off-the-record and made prior to an investigation being launched, as well as his clearly articulated “off-the-record” comments to IAD. See Opinion at 1047.

Chicago Joint Board v. Chicago Tribune Co.

435 F.2d 470 · Court of Appeals for the Seventh Circuit · Dec 17, 1970

But the defendant newspaper publishers clearly are not engaged in the exercise of any governmental function, nor do they possess or exercise any delegated power of a governmental nature. … The figures clearly establish that neither of these defendant publishers approaches a monopoly position.

Davis v. Ball Memorial Hospital Association, Inc.

753 F.2d 1410 · Court of Appeals for the Seventh Circuit · Feb 7, 1985

The plan also established an appeal procedure for rejected applicants. … The Court was convinced that an adversary relationship existed because the unnamed members of the class were identifiable individuals, named in the record, whose employment rights clearly were affected by the litigation.

Sebastian Rodriguez v. Anthony M. Scillia, Warden

193 F.3d 913 · Court of Appeals for the Seventh Circuit · Oct 13, 1999

established federal law. … We find that the comments, placed in a qualifying context, were not sufficiently outrageous to affect the outcome of the trial given the totality of the evidence.

United States v. Elsa Ramos and Jairo Ramos

932 F.2d 611 · Court of Appeals for the Seventh Circuit · May 8, 1991

The commentary to the Guidelines clearly states that more than one person can qualify as an organizer of a criminal offense. Guidelines § 3B1.1 comment, (n.3); see Paden, 908 F.2d at 1234 . … Thus, the attribution is not clearly erroneous. 19 . United States v.

Davis v. Ball Memorial Hospital Ass'n

753 F.2d 1410 · Court of Appeals for the Seventh Circuit · Feb 7, 1985

The plan also established an appeal procedure for rejected applicants. … The Court was convinced that an adversary relationship existed because the unnamed members of the class were identifiable individuals, named in the record, whose employment rights clearly were affected by the litigation.

John A. Gazarkiewicz v. Town Of Kingsford Heights

359 F.3d 933 · Court of Appeals for the Seventh Circuit · Mar 8, 2004

We respectfully disagree and now hold that the record establishes that Mr. … County of Putnam, 30 F.3d 885, 896 (7th Cir.1994) ("[P]olitical speech is clearly a matter of public concern....").

Employers Mutual Casualty Company and Hamilton Mutual Insurance Company v. John Skoutaris, D/B/A Open Flame Restaurant

453 F.3d 915 · Court of Appeals for the Seventh Circuit · Jul 13, 2006

On April 7, 2000, a fire ravaged the Open Flame Restaurant (“Open Flame”), a Valparaiso, Indiana establishment owned and operated by John Skoutaris. … Previously, the Supreme Court of Indiana clearly established what an insurer needs to prove in a case of a breach of a policy’s cooperation clause. See Miller v. Dilts, 463 N.E.2d 257, 261 (Ind.1984).

Morgan v. Commissioner

103 F.2d 636 · Court of Appeals for the Seventh Circuit · Apr 22, 1939

Clearly the court recog-’ uized that the definition of a general power for purposes of the Revenue Act is not dependent on state law but is a matter of federal law. … We think that it was the intention of Congress in establishing this exemption to provide a uniform rule.” Lyeth' v. Hoey, supra.

Leonard Kidd v. Michael Lemke

734 F.3d 696 · Court of Appeals for the Seventh Circuit · Nov 1, 2013

  §  104‐21(a);  how‐ ever, the court found that the record did not clearly establish  that Kidd had taken Sinequan under medical direction.  … Under AEDPA, a court  conducting  reasonableness  review  focuses  on  “whether  the  state court’s application of clearly established federal law is  objectively unreasonable,  not  whether  it  applied  clearly  estab‐

Hall, Louvenia v. Bodine Electric Co

Court of Appeals for the Seventh Circuit · Jan 8, 2002

Absent an entrustment of at least some of this authority, an employee does not qualify as a supervisor for purposes [of] imputing liability to the employer. Id. at 1034. … While Title VII protects victims of sexual harassment from being terminated in retaliation for reporting harassment, an employee’s complaint of harassment does not immunize her from being subsequently disciplined or terminated

Velsicol Chemical Corporation v. Monsanto Company

579 F.2d 1038 · Court of Appeals for the Seventh Circuit · Jun 30, 1978

It is well established that the proper standard of review in a Section 146 action is that enunciated by the Supreme Court in Morgan v. … We find that the district court’s decision not to consider the fraud issue was clearly proper.

Michael Johnson v. Jason Dalke

Court of Appeals for the Seventh Circuit · Aug 13, 2019

Neither of those cases qualified as a “strike” under the PLRA, and it is undisputed that had he disclosed them, Greyer could have proceeded with this suit in forma pauperis. … B Even if, for the sake of argument, we were to assume that the district court’s findings about Greyer’s and Johnson’s in‐ tent are not clearly erroneous, the court erred by failing to 12

Mary Strunk v. Margaret Heckler, Secretary of Health and Human Services

732 F.2d 1357 · Court of Appeals for the Seventh Circuit · Apr 27, 1984

The plaintiffs main contention is that she qualifies for this determination because her 65 1. … Strunk has an established diagnosis of epilepsy.” He also stated in a hospital discharge summary for ingesting an overdose of epilepsy medication that Mrs. Strunk was a “known epileptic.” Dr.