Case law

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  • United States v. Charles Whalen

    940 F.2d 1027 · Court of Appeals for the Seventh Circuit · Aug 14, 1991

    In short, it is well established that prisons have sound reasons for reading the outgoing mail of their inmates. … We review such decisions under a clearly erroneous standard. United States v. White, 903 F.2d 457, 460 (7th Cir.1990). In this case, the district court’s decision was not clearly *1036 erroneous.

    Cited 49 timesPublished
  • United States v. One Parcel of Land Located at 7326 Highway 45 North, Three Lakes, Oneida County

    965 F.2d 311 · Court of Appeals for the Seventh Circuit · Jun 2, 1992

    Modernaire argued that it qualified for the innocent owner exception of 21 U.S.C. § 881 (a)(7) because Harry Ill’s knowledge of his own activities could not be imputed to Modernaire. … “Clearly if law enforcement efforts to combat racketeering and drug trafficking are to be successful, they must include an attack on the economic aspects of these crimes.

    Cited 60 timesPublished
  • Harris Trust And Savings Bank v. E-Ii Holdings, Inc.

    926 F.2d 636 · Court of Appeals for the Seventh Circuit · May 3, 1991

    The trustee under the debenture indenture 2 was LaSalle National Bank ("LaSalle") (collectively, the "Trustees"). 3 E-II was not immune to the takeover mania that victimized the 1980s, and in December 1987 it launched a hostile … The indenture, however, did not clearly spell out the form of notice required, and the issuer gave notice that would have technically complied with the indenture but was otherwise ineffective.

    Cited 2 timesPublished
  • Federal Trade Commission v. World Media Brokers

    415 F.3d 758 · Court of Appeals for the Seventh Circuit · Jul 27, 2005

    Section 310.3(a)(1)(ii) of the TSR requires telemarketers to fully and clearly disclose any material limitations or restrictions on the goods or services offered for sale. 16 C.F.R. § 310.3(a)(1)(ii). … It goes without saying that the legality of the offer itself qualifies as a material restriction subject to disclosure.

    Cited 34 timesPublished
  • Minkus v. Metropolitan Sanitary District of Greater Chicago

    600 F.2d 80 · Court of Appeals for the Seventh Circuit · Jun 6, 1979

    decision of whether the hardship involved is “undue” are the size of the work force, the type of shift scheduling involved in the employer’s operation, the skilled status of the religious employee, the existence of a pool of qualified … of religion”: A congressional prohibition of intentional discrimination on religious grounds is clearly a neutral government stance.

    Cited 2 timesPublished
  • United States v. Arreola-Castillo, Je

    Court of Appeals for the Seventh Circuit · Aug 25, 2008

    This was sufficient, in the district court’s eyes, to establish that the prior conviction was, in fact, attributable to the defen- dant. … The district judge then turned to Arreola- Castillo and said, “If you suffered two or more qualifying state or federal controlled substance felonies, it is life imprisonment without any supervised release.”

    Cited 0 timesPublished
  • Carl N. Williams v. Governor Robert D. Orr, Indiana Parole Board, Gregory Lewis, Patricia A. Ravinet, Harlan C. Hicks, John J. Barton, and Ray Justak

    976 F.2d 735 · Court of Appeals for the Seventh Circuit · Sep 16, 1992

    Upon consideration of that statement, the briefs, and the record, the request for oral argument is denied and the appeal is submitted on the briefs and record 1 Absolute immunity is different from qualified immunity, which … While qualified immunity protects only good faith infringement of unestablished rights, absolute immunity is a complete bar to liability. Id.; Walker v. Prisoner Review Bd., 790 F.2d 396, 399 (7th Cir.1985)

    Cited 0 timesUnpublished
  • Clifford D. Craig v. John Cowan

    12 F.3d 1100 · Court of Appeals for the Seventh Circuit · Nov 19, 1993

    The issue of qualified immunity arises only when a violation of rights is established. See Siegert v. Gilley, 111 S.Ct. 1789, 1793 (1991). … Where, as here, no rights were infringed, we do not reach the issue of qualified immunity

    Cited 0 timesUnpublished
  • City of Chicago v. Federal Communications Commission

    199 F.3d 424 · Court of Appeals for the Seventh Circuit · Dec 7, 1999

    There can be no real doubt that ECI qualifies as a cable operator under either of these two prongs. ECI owns a “significant interest” in the cable system at issue here. Id. … As the entity that has contracted with subscribers, it is ECI that is responsible for acquiring the programming its customers want, establishing a price, and delivering the video signals.

    Cited 20 timesPublished
  • Janowski v. International Brotherhood of Teamsters Local No. 710 Pension Fund

    673 F.2d 931 · Court of Appeals for the Seventh Circuit · Mar 8, 1982

    Under § 411(a)(8) the trustees certainly could have established a normal retirement age of less than 65; the statutory language, however, in no way requires them to do so. … accrued in'each of the 20 years of qualified service.

    Cited 14 timesPublished
  • Robert Cengr v. Fusibond Piping Systems, Inc.

    135 F.3d 445 · Court of Appeals for the Seventh Circuit · Jan 28, 1998

    Cengr may have possessed knowledge and experience, but he was clearly performing poorly. He exhibited deficiencies in an area that was “such an important aspect of [his] job” that he was eventually terminated. … Corp., 948 F.2d 332 , 336 (7th Cir. 1991) (the court must focus on plaintiffs performance at the time of his termination because “‘the fact that an individual may have been qualified in the past does not mean he is qualified

    Cited 137 timesPublished
  • Joan Soller, Individually and as Special Administrator of the Estate of Brian Satermo v. Eric Moore and City of Milwaukee

    84 F.3d 964 · Court of Appeals for the Seventh Circuit · May 24, 1996

    Soller argued that the proffered testimony would establish not only that the IACP model policies made sense, but that they were not inconsistent with city of Milwaukee police policy. … Soller was able to argue to the jury that the surrounding circumstances included Moore’s failure to clearly identify himself and, therefore, his use of deadly force against Satermo was unreasonable.

    Cited 25 timesPublished
  • United States v. Algood

    19 F. App'x 419 · Court of Appeals for the Seventh Circuit · Sep 18, 2001

    For the most part, qualified purchasers kept the cars for two to four years. In 1989, Algood Chevrolet secured the bid to provide fleet vehicles for law enforcement agencies in Indiana. … Furthermore, the language used is reasonably clear, and all three counts clearly reference the intent requirement for the crimes.

    Cited 0 timesPublished
  • U.S. Fire Ins. Co. v. Barker Car Rental

    132 F.3d 1153 · Court of Appeals for the Seventh Circuit · Dec 17, 1997

    Fire contended that Alkhuaini did not qualify as an insured under either policy and that it had no obligation to defend or indemnify Alkhuaini under those policies for any claim or lawsuit arising out of the November 26, … Co., 617 F.2d 122, 125 (5th Cir.1980). 21 In Illinois, the applicable principles of statutory construction are well established.

    Cited 12 timesPublished
  • Gayratjon Gulomjonov v. Pamela J. Bondi

    131 F.4th 601 · Court of Appeals for the Seventh Circuit · Mar 14, 2025

    In the single page of his brief devoted to this argument, he asserts summarily that the evidence shows “various forms of abuse” and “clearly establish[es] that ethnic Uzbeks” who convert to Christianity “face[] a heightened … required to qualify for withholding of removal.

    Cited 4 timesPublished
  • Commissioner of Internal Revenue v. Indiana Broadcasting Corporation

    350 F.2d 580 · Court of Appeals for the Seventh Circuit · Aug 17, 1965

    summary of industry history is undoubtedly subject to varying interpretations, each of arguable validity, but we think it necessary to conclude that the premise that a contract in its ninth year, for example, is no more immune … The Tax Court’s findings that the estimated useful life of these contracts is ascertainable with reasonable certainty and that these contracts are depreciable assets are clearly erroneous.

    Cited 29 timesPublished
  • Tana J. Waid v. Merrill Area Public Schools, Dr. Strand Wedul and James Boettcher

    91 F.3d 857 · Court of Appeals for the Seventh Circuit · Jul 29, 1996

    It ordered that MAPS give Waid the next available position for which she was qualified and that it pay her the sum that she would have earned as a full-time teacher between the beginning of the 1991-92 school year and the … Congress may also establish specific rules of preclusion with respect to certain federal rights. When Congress creates federal rights by statute-making, it may establish special preclusion rules for them.

    Abrogated on other grounds by Fitzgerald v. Barnstable School Committee, 555 U.S. 246 (2009)Cited 114 timesPublished
  • United States Fire Insurance v. Barker Car Rental

    132 F.3d 1123 · Court of Appeals for the Seventh Circuit · Dec 17, 1997

    The purpose of this amendment was stated clearly in a letter to the IUinois House of Representatives from Governor Edgar. … The Alkhuaini estate was established in Brown County, Indiana, for purposes solely related to this litigation.

    Cited 1 timesPublished
  • Beth Lavallee v. Med-1 Solutions, LLC

    Court of Appeals for the Seventh Circuit · Aug 8, 2019

    As we’ve just explained, to qualify as a “communication” under the Act, a message must “convey[] … information regarding a debt.” Id. … Credit Control, LLC, 871 F.3d 1255 (11th Cir. 2017), sup- ports its position that a message can qualify as a communi- cation without mentioning a debt.

    Cited 0 timesPublished
  • United States v. William M. Metcalfe, Jr.

    698 F.2d 877 · Court of Appeals for the Seventh Circuit · Jan 26, 1983

    That discussion revealed that the defendant clearly understood that he was being charged with a bank robbery and that he knew the elements and nature of the alleged robbery. … First, the instant motion was insufficient on its face to establish reasonable cause for believing the defendant may be incompetent to stand trial.

    Cited 23 timesPublished

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