Case law

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

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....").

United States v. Skidmore

123 F.2d 604 · Court of Appeals for the Seventh Circuit · Oct 31, 1941

In this respect he had qualified as an expert witness. In each question put to him he was asked to assume certain facts which were supported by evidence. … The court was clearly right in sustaining an objection to this question.

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.

Chrysler Credit Corporation v. Louis Joliet Bank and Trust Co.

863 F.2d 534 · Court of Appeals for the Seventh Circuit · Nov 28, 1988

The Illinois land trust is a species of trust that, unlike other trusts, is immune to the doctrine of merger under most circumstances. … In this case, the bank clearly did not purchase Mr. Benson’s interest in the land trust.

Juan Raul Garza v. Harley G. Lappin, Warden

253 F.3d 918 · Court of Appeals for the Seventh Circuit · Jun 14, 2001

United States, 516 U.S. 137 , 116 S.Ct. 501 , 138 L.Ed.2d 472 (1995), that mere possession was insufficient to establish use; in Bousley v. … The rub is this: although the United States has signed the American Convention, it has not ratified it, and so that document does not yet qualify as one of the “treaties” of the United States that creates binding obligations

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.

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.

Jacob Lewis v. Epic Systems Corporation

823 F.3d 1147 · Court of Appeals for the Seventh Circuit · May 26, 2016

“[W]hen two statutes are capa- ble of co-existence ... it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard each as effective.” … “To immunize an arbitration agree- ment from judicial challenge on” a traditional ground such as illegality “would be to elevate it over other forms of con- tract—a situation inconsistent with the ‘saving clause.’” Id.

Donovan v. Estate of Fitzsimmons

778 F.2d 298 · Court of Appeals for the Seventh Circuit · Nov 15, 1985

Privity between parties is established where those parties’ interests are so closely aligned that they represent the same legal interests. See Southwest Airlines Co. v. … The trustees certainly do not dispute the fact that more members of the union should qualify for pensions since they agreed to settle the action allowing for liberalization of the pension benefit rules.

D.B. Ex Rel. Kurtis B. v. Kopp

725 F.3d 681 · Court of Appeals for the Seventh Circuit · Aug 2, 2013

The district court granted the motion and entered final judgment, holding that Riniker had absolute prosecutorial immunity and that the complaint failed to state a claim for any constitutional violation. … City of Chicago, 690 F.3d 829, 833 (7th Cir. 2012) (“To establish municipal liability [under § 1983 and Monell], a plaintiff must show the existence of an official policy or other governmental custom that not only causes

Fairly W. Earls v. Gary R. McCaughtry Warden

379 F.3d 489 · Court of Appeals for the Seventh Circuit · Aug 16, 2004

In those cases, a writ may not be granted unless the state court proceedings resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law. 28 U.S.C. § 2254 (d)(1 … We review these claims under the framework established in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

Lokmar Y. Abdul-Wadood, and Mario Holsinger v. Dawn MacMillillan and Mark Levenhagen

103 F.3d 133 · Court of Appeals for the Seventh Circuit · Dec 4, 1996

All of plaintiffs' individual claims are based on the existence of the vested month system. 3 Defendants are entitled to qualified immunity, see Harlow v. … Fitzgerald, 457 U.S. 800 (1982), because no constitutional right to be free from a vested month type of system was clearly established as a matter of law at the time of the alleged violations.

Rosario v. Retirement Board of Policemen's Annuity & Benefit Fund

743 F.3d 531 · Court of Appeals for the Seventh Circuit · Feb 19, 2014

Even assuming that this establishes the first two elements of the officers’ equal protection claim, the Board’s decision is not irrational. The Board is authorized to calculate retiring officers’ pension credits. … For the same reason, we need not address the affirmative defenses (raised by the defendants on appeal), including qualified and absolute immunity, res judicata, and the Rooker-Feldman doctrine.

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.

Wells Fargo Bank, N.A. v. Siegel

540 F.3d 657 · Court of Appeals for the Seventh Circuit · Sep 2, 2008

That finding was not clearly erroneous. … Siegel’s testimony was neither preposterous nor in defiance of the laws of nature, and the court did not clearly err in crediting it.

United States v. Johnson, Charles M.

Court of Appeals for the Seventh Circuit · Jul 30, 2007

The facts of this case clearly demonstrate that probable cause existed for the search. See Illinois v. … This information would more than suffice to establish probable cause upon which to issue a search warrant.

Conyers, Blake H. v. Abitz, Tom

Court of Appeals for the Seventh Circuit · Jul 25, 2005

Failure to exhaust administrative remedies is an affirma- tive defense that must be established by the defendants, Dale v. Lappin, 376 F.3d 652, 655 (7th Cir. 2004). … The relevant inquiry is whether, at the time the defendants refused Conyers’s request, the law was clearly established that prison officials must have a legitimate penological interest before imposing a substantial burden

Michael A. Kelley v. Greg Zoeller

800 F.3d 318 · Court of Appeals for the Seventh Circuit · Aug 28, 2015

The court counted the 1975 sandwich shop robbery conviction as one of the three qualifying felonies, and sentenced Kelley to 188 months’ imprisonment. … established Federal law, as deter- mined by the Supreme Court of the United States[.] 28 U.S.C. § 2254(d)(1).

Wisconsin Community Services, Inc. v. City of Milwaukee

465 F.3d 737 · Court of Appeals for the Seventh Circuit · Sep 26, 2006

The court next considered whether WCS had established that its requested accommodation was necessary. … By requiring measures that are “necessary to avoid discrimination on the basis of disability,” 28 C.F.R. § 35.130 (b)(7), the regulation clearly contemplates that prophylactic steps must be taken to avoid discrimination.