Case law

Josephine Kaszuk v. Bakery and Confectionery Union and Industry International Pension Fund

791 F.2d 548 · Court of Appeals for the Seventh Circuit · Jun 20, 1986

But the standard of review will be the familiar one of whether the District Court was “clearly erroneous” in its factual findings and whether it “abused” its traditional discretion to locate “a just result” in light of the … Second, only spouses who survived a participant and who were married to that participant for at least one year prior to the participant’s death qualified for the pension.

Aiying Li v. Lynch

614 F. App'x 840 · Court of Appeals for the Seventh Circuit · Jun 18, 2015

Because Li waived her religion claim and the IJ did not clearly err in concluding that her evidence of the forced abortion was too vague and weak to carry her burden of proof, we deny the petition. … Because Li could not meet the less demanding burden of proof for asylum, the IJ concluded that Li did not qualify for withholding of removal or CAT protection.

Dempsey v. Atchison, Topeka And Santa Fe Railway Company

16 F.3d 832 · Court of Appeals for the Seventh Circuit · Apr 1, 1994

Under Section 2, Eleventh (c) alternate membership in a national union is limited to those unions which qualify under 45 U.S.C. … BLE does not contend, nor can it, that UTU does not qualify under Section 3, First of the Act.

Sherwin Manor Nursing Center, Inc. v. McAuliffe

37 F.3d 1216 · Court of Appeals for the Seventh Circuit · Oct 6, 1994

At the conclusion of the survey, Sherwin and its attorneys met with the supervising representatives of the Department and presented taped, documentary and photographic evidence establishing that most of the defendants’ findings … See Reichenberger, 660 F.2d at 285 (“legal fees expended by the plaintiffs in the administrative proceedings cannot qualify as a constitutional injury absent a showing of deprivation of constitutional magnitude”).

Dersch Energies, Inc. v. Shell Oil Company and Equilon Enterprises, Inc.

314 F.3d 846 · Court of Appeals for the Seventh Circuit · Dec 26, 2002

Such a theory has been clearly recognized in some circuits, see, e.g., Pro Sales, Inc. v. … for defendants whose fault is found to be less than 25% of the total fault, and establishing Dersch’s right to contribution from joint tortfeasors.

United States v. Bastone

526 F.2d 971 · Court of Appeals for the Seventh Circuit · Dec 8, 1975

It is well established that a party to a telephone conversation risks a third party hearing the content of the conversation with the consent of the second party. … Schoenneman was aware that he would not receive immunity but that his cooperation would be made known at trial.

United Steelworkers of America, Afl-Cio-Clc, and United Steelworkers of America, Local Union 15271 v. Danly MacHine Corporation

852 F.2d 1024 · Court of Appeals for the Seventh Circuit · Jul 26, 1988

Clearly, the primary issue at the time of arbitration was whether DiSandro was entitled to S & A benefits. 5 It was incumbent upon Danly to raise all arguments with regard to that issue at the arbitration proceeding. … Field Enterprises, Inc., 747 F.2d 1153, 1157 (7th Cir.1984), “[t]he long-established federal policy of settling labor disputes by arbitration would be seriously undermined if parties kept available information from the arbitrator

Kapco Manufacturing Co., Inc. v. C & O Enterprises, Inc.

886 F.2d 1485 · Court of Appeals for the Seventh Circuit · Oct 13, 1989

Jam Productions, Ltd., 843 F.2d 1024, 1037 (7th Cir.1988), and are immune from Friedman’s numerous attacks. Friedman raises only two matters requiring brief discussion. … Although Friedman contends that the record does not support this finding, the record clearly establishes that Kapco and Friedman were nearly one hour late in arriving at the hearing scheduled particularly for their convenience

Loertscher v. Anderson

893 F.3d 386 · Court of Appeals for the Seventh Circuit · Jun 18, 2018

The Ninth Circuit ruled that the caseworker and prosecutor had violated the Fourth Amendment, but concluded that they were entitled to qualified immunity. … Loertscher has not established that Act 292 prompted her departure from Wisconsin or that the fear of Act 292's provisions is preventing her from returning to Wisconsin.

United States v. Dwayne Garrett

757 F.3d 560 · Court of Appeals for the Seventh Circuit · Jun 26, 2014

But we do not agree that the district court erred in find- ing that probable cause was established by the facts in this case. … Clearly, Agent Labno was not referred to as an expert be- fore the jury.

Peggy S. LeGrande v. United States

Court of Appeals for the Seventh Circuit · Jul 20, 2012

The FTCA serves as a limited waiver of the sovereign immunity of the United States. … LeGrande had failed to establish that FAA personnel breached any duty owed to her.

Brotherhood of Locomotive Engineers v. The Baltimore & Ohio Railroad Company, a Corporation

310 F.2d 503 · Court of Appeals for the Seventh Circuit · Dec 19, 1962

rules must be rules and not a ‘rule’ that there shall be no rules, and that such a ‘rule’ that there shall be no rules can be established, if at all, only by agreement”. … The Organizations enjoy an immunity from the restrictions of antitrust laws.

Pastori M. Balele v. James Klauser, Secretary of the Department of Administration, Gerald Whitburn, Donald L. Bach, Jean Robers, and the Wisconsin Department of Administration, Pastori M. Balele v. James Klauser, Secretary of the Department of Administration, Nicholas Hurtgen, Leo Talsky, Jim Johnson, Janet Abrahamsen, Ed Main, Peter Olson, Isadore Knox, Greg Jones, Administrator, Division of Merit Recruitment and Selection, Secretary Department of Employment Relations, Pastori M. Balele v. The Department of Health and Social Services, Gerald Whitburn, Judith R. Noman-Nunnery, Jean Rogers, Richard Lorang, and Administrator, Recruitment and Selection, Pastori M. Balele v. Carol Skornicka, Robin Gates, James Klauser, Robert Lavigna, Administrator of the Division of Merit Recruitment and Selection, Jon Litcsher, Secretary of the Department of Employment Relations, Department of Industry, Labor and Human Relations

74 F.3d 1242 · Court of Appeals for the Seventh Circuit · Feb 8, 1996

a pretext that the employer reasonably believed plaintiff to be less qualified). … Secs. 1981 , 1983 and 1985, finding they were precluded by 11th Amendment immunity; a conspiracy claim under 42 U.S.C.

United States v. Hanafi Monem

104 F.3d 905 · Court of Appeals for the Seventh Circuit · Jan 13, 1997

Monem bore the burden of “clearly demonstrat[ing] acceptance of responsibility for Ms offense.” U.S.S.G. § 3E1.1(a); Jones, 52 F.3d at 701 . … For instance, the government’s recommendation at sentencing that no fine be imposed was somewhat qualified by its .statement that “the discovery of the Social Security income raises some question in the Government’s mind

United States v. Clinton Strache

202 F.3d 980 · Court of Appeals for the Seventh Circuit · Jan 27, 2000

In light of this uncontra-dicted testimony, the district court’s finding that Strache consented to the search of his room was not clearly erroneous. … Strache contends that he possessed only two destructive devices that qualify as a “firearm” under U.S.S.G. § 2K2.1(b)(l)(B): the completed PVC pipe bomb and the partially completed PVC pipe bomb.

United States v. Thousand

558 F. App'x 666 · Court of Appeals for the Seventh Circuit · Mar 12, 2014

In her motion to suppress, Thousand never asserted that the prosecutor’s application for a § 2708(d) order, if taken at face value, does not establish probable cause. … Nor would we conclude that the court clearly erred by deciding that Thousand’s role was not so insignificant as to make her a minimal participant.

American National Bank and Trust Company of Chicago, Julian Geller and Nathan Geller v. K-Mart Corporation, Formerly Known as S.S. Kresge Company, American National Bank and Trust Company of Chicago, Counterdefendants-Appellees v. K-Mart Corporation, Formerly Known as S.S. Kresge Company, Counterplaintiff-Appellant

717 F.2d 394 · Court of Appeals for the Seventh Circuit · Sep 13, 1983

The lease clearly states that tenant is under no duty to make repairs that are required to be made by landlord, and it uses the term "may" to indicate that the remedies available to tenant are optional and voluntary. … Where, however, the testimony of a qualified witness as to the value of property has a reasonable factual basis, it should not be so excluded. Cf. Fontainbleau Hotel Corp. v.

Michael Bonds v. Milwaukee County, Karen Ordinans, William Hart and Thomas Kuzma

207 F.3d 969 · Court of Appeals for the Seventh Circuit · Mar 28, 2000

We will reverse the district court’s findings of fact only if we are convinced that those findings are clearly erroneous. See Hudson v. Burke, 913 F.2d 427, 431 (7th Cir.1990). … The policymaking employee exception does not immunize public employer action unconnected to and unmotivated by need for political loyalty. For example, in Marshall v.

United States v. Frias

641 F. App'x 574 · Court of Appeals for the Seventh Circuit · Mar 23, 2016

First he argues that the district court clearly erred by basing its drug-quantity determination on unreliable agent testimony. … Next Frias argues that the government did not establish relevant conduct because it failed to show temporal proximity or regularity of drug sales.

Ndonyi v. Mukasey

541 F.3d 702 · Court of Appeals for the Seventh Circuit · Sep 2, 2008

These incidents clearly represent a “punishment or ... infliction of harm ... that this country does not recognize as legitimate.” Boci v. Gonzales, 473 F.3d 762, 766 (7th Cir.2007). … This circuit and several other circuits have adopted the doctrine of “mixed motives,” “ ‘which recognizes that an individual may qualify for asylum if his or her persecutors have more than one motive as long as one of the