Case law

Carter Oil Co. v. McQuigg

112 F.2d 275 · Court of Appeals for the Seventh Circuit · Mar 20, 1940

The act of the parties in attempting to voluntarily partition this land clearly reveals the character of this litigation. … Where one or more of the co-tenants is a minor or an insane person, a voluntary partition is impossible because the interest of the incompetent must be protected by a qualified guardian ad litem.

United States v. Shaw

40 F. App'x 266 · Court of Appeals for the Seventh Circuit · Jul 8, 2002

In this case, the district court relied on the testimony of Williams and Collins at sentencing which established that from July 1998 to at least December 2000, Shaw was involved in the acquisition and distribution of amounts … “To qualify for an adjustment under this section, the defendant must have been the organizer, leader, manager, or supervisor of one or more other participants” in the offense. U.S.S.G. § 3B1.1, comment. (n.2).

United States v. Christopher Duguay

93 F.3d 346 · Court of Appeals for the Seventh Circuit · Oct 31, 1996

“[Standardized criteria or established routine must regulate” inventory searches. Florida v. … The Illinois Local Government Tort Immunity statute does not impose a duty on the police to protect the property of individuals from tort or crime.

Northern Assurance Co. of America v. Summers

17 F.3d 956 · Court of Appeals for the Seventh Circuit · Feb 22, 1994

(not only because he obviously would not qualify but also because she assumed he was under his father’s coverage). … Connie listed “none” in response to the question asking for “Accidents, Convictions & Losses.” 4 This was clearly a false answer, given that an accident had occurred only two days earlier.

United States v. Sandoval-Gomez, Fili

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

The district court explained that Sandoval- Gomez “did not qualify for a downward adjustment for ac- ceptance of responsibility because [he] put the government to its burden at trial by denying the essential factual elements … Because we do not find any such exception ap- plicable to the case at bar and because Sandoval-Gomez put the government to its burden of establishing his factual guilt at trial, we find that the district court did not clearly

Sawyer Transport, Inc. v. United States of America and Interstate Commerce Commission

565 F.2d 474 · Court of Appeals for the Seventh Circuit · Nov 7, 1977

Section 207(a) of the Interstate Commerce Act, 49 U.S.C. § 307 (a), provides in part: . a certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the … This aspect of the situation when considered in the perspective of the Perrysburg contract including the seven western states in its authorized territory is in *478 sufficient, in our opinion, to override the clearly stated

Killingsworth, Linda v. Household Bank

Court of Appeals for the Seventh Circuit · Nov 9, 2007

The allegations, if true, could establish that an FCRA violation occurred before FACTA’s effective date, and this is enough to survive the motion to dismiss. I. … whether Congress has clearly spoken either way—as Nos. 06-1616 & 06-2178 11 to prospective or retrospective application.

Sandra K. Rucker, Herbert Rucker, Cheryl Dunham, Etc., and James Dunham v. Wabash Railroad Company

418 F.2d 146 · Court of Appeals for the Seventh Circuit · Dec 3, 1969

Clearly, trees and other natural obstacles serve no aspect of railroading. Likewise, • abandoned machinery, billboards and other items of dross might well fall within the same classification. … None were of such rank as to qualify as representative of the corporate client.

Frank Brothers, Inc. v. WI Dept Trans

Court of Appeals for the Seventh Circuit · Jun 3, 2005

a minimum wage higher than the minimum wage established under this chapter. . . .”). … and their employees result in higher compensation and benefits than the floor established by the Act”).

Arch Mineral Corporation v. Director, Office of Workers' Compensation Programs, United States Department of Labor

798 F.2d 215 · Court of Appeals for the Seventh Circuit · Aug 11, 1986

Daniel Potts, its medical expert, as well as an accompanying vitae establishing the doctor’s credentials. The parties have never disputed that, due to Mr. … The AU must consider all relevant medical evidence and may not substitute his expertise for that of a qualified physician.

Lunini, Joseph A. v. Grayeb, Charles V.

184 F. App'x 559 · Court of Appeals for the Seventh Circuit · Jun 12, 2006

We reversed the district court’s decision, finding that the individual defendants were entitled to qualified immunity because the equal protection rights that Lunini alleged were violated were not clearly established at the … To establish a constitutional violation, Lunini had to establish 1) that he was seized; and 2) that the seizure was unreasonable. Saucier v. Katz, 533 U.S. 194, 201 (2001); White v.

Donald Minniecheske v. Timothy L. Vocke

918 F.2d 180 · Court of Appeals for the Seventh Circuit · Oct 19, 1990

immunity or, in the alternative, that the doctrine of qualified immunity cloaks him from civil liability since he acted in good faith and with a reasonable belief in the validity of the search warrant. 55 To prevail on a … ; (3) the defendants are entitled to qualified immunity; and (4) the facts do not support plaintiffs' assertions.

Temme v. Bemis Co., Inc.

622 F.3d 730 · Court of Appeals for the Seventh Circuit · Sep 13, 2010

The language contained in the Closing Agreement clearly entitles retirees to an eligibility for a specific medical benefit. … See Diehl, 102 F.3d at 310 (“[W]e see nothing to indicate that the Shutdown Agree- ment established a right to a particular insurance carrier, or even to a particular plan . . . .

In the Matter of the Complaint of Everett A. Sisson, as Owner of the Motor Yacht, the Ultorian, for Exoneration From or Limitation of Liability

867 F.2d 341 · Court of Appeals for the Seventh Circuit · Mar 16, 1989

This caveat seems well-founded in light of the precedent established in Executive Jet. … We stress that where commercial shipping is actually implicated, then admiralty jurisdiction is clearly invoked.

Zito v. United States

64 F.2d 772 · Court of Appeals for the Seventh Circuit · Apr 21, 1933

The Legislature of the state of Illinois enacted a law in 1929 wherein women were recognized as qualified to serve as jurors. … Actions speak just as plainly, and sometimes more clearly, than words. Corporations speak and act through their agents.

Alice Ruth v. Triumph Partnerships

Court of Appeals for the Seventh Circuit · Aug 17, 2009

Not every meritorious FDCPA claim requires such extrinsic evidence, however; some collection notices are clearly misleading on their face. … Ruth submits that, like the defendants in Seeger, the defendants in this case failed to establish procedures that were sufficient to establish a defense of bona fide error.

United States v. Renard R. Butler

777 F.3d 382 · Court of Appeals for the Seventh Circuit · Jan 15, 2015

Defense counsel clearly objected in both a detailed sentencing memorandum and his argument at the sentencing hearing to the inclusion of the state forgery offense within Butler’s criminal history, and argued that the two … While it is “well established that in determining a defendant’s sentence a court may consider a broad range of information,” United States v.

Fireman's Fund Insurance v. Waste Managemenrt of Wisconsin, Inc.

777 F.2d 366 · Court of Appeals for the Seventh Circuit · Nov 18, 1985

As to the DeWitt, Sundby conflict itself the court found that Fireman’s Fund had failed to establish an actual conflict of interest. … American Home, however, is clearly distinguishable from this case because the insurer’s reservation of rights in that case did not create a conflict of interest between the insurer and the insured.

Raul Contreras v. City Of Chicago

119 F.3d 1286 · Court of Appeals for the Seventh Circuit · Jul 16, 1997

an establishment before closing it. … Like the District Court, we think that the evidence clearly creates a genuine issue of fact regarding whether the Khamises were bigoted.

United States v. King

333 F. App'x 92 · Court of Appeals for the Seventh Circuit · Jun 3, 2009

At sentencing, the district court found that both defendants qualified for a two-level enhancement under U.S.S.G. § 2D1.11(b)(1) for possession of a dangerous weapon in connection with the conspiracy. … The district court did not clearly err in enhancing the defendants’ Guidelines ranges under § 2Dl.ll(b)(l).