Case law

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.

United States v. David S. Gravens

129 F.3d 974 · Court of Appeals for the Seventh Circuit · Nov 21, 1997

allows admission of evidence that had been obtained from defendant while he was cooperating with the Government before he breached his agreement to cooperate, even if the Government violated an alleged agreement to confer immunity … It would be proper for us to reverse the district court only if we found its reasoning “clearly erroneous.”

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.

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.

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).

United States v. Abraham W. Bolden

355 F.2d 453 · Court of Appeals for the Seventh Circuit · Feb 25, 1966

Defendant also appeals from the denial of a motion for a new trial based upon newly discovered evidence. 2 The evidence, as developed at the trial and considered in the light most favorable to the Government, tends to establish … Now I ask you if the Government or the Secret Service made any promises of immunity of any type for your testifying here? A. No, because I didn’t do any of those things. That’s why. I don’t need nothing.

Western Extracting Co. v. Smietanka

234 F. 229 · Court of Appeals for the Seventh Circuit · Apr 18, 1916

If appellant cannot comply with tire statute, it surely can have no vested right or interest in the kind, degree, or character of proof that may properly be required to establish tire fact of payment before the government … If it were proposed to treat such new barrels which could clearly and certainly be proved to be such, a different question might arise.

Yvonne Mack v. Resurgent Capital Services, L.

70 F.4th 395 · Court of Appeals for the Seventh Circuit · Jun 7, 2023

The district court ultimately agreed with the defendants that Mack had failed to establish standing. … “Tangible harms, like physical or monetary harms, ‘readily qualify as concrete inju‐ ries.’” Persinger v. Southwest Credit Sys., L.P., 20 F.4th 1184, 1190 (7th Cir. 2021) (quoting TransUnion LLC v. Ramirez, 141 S.

Daniel Schulist v. Blue Cross of Iowa and Blue Shield of Iowa, Iowa Corporations, Defendants

717 F.2d 1127 · Court of Appeals for the Seventh Circuit · Sep 14, 1983

On September 15, 1977, the Trustees appointed Dan Cusack (“Cusack”) as their broker and instructed him to obtain bid proposals from companies qualified to underwrite the medical and life, accidental death and dismemberment … Thus he clearly exer *1132 cised with regard to the selection of a plan the kind of discretionary authority contemplated by the statute, unlike the situation in the case at hand where BC/BS had no role on behalf of the Plan

Yancey Lamarr White v. Joseph Scibana

390 F.3d 997 · Court of Appeals for the Seventh Circuit · Dec 2, 2004

Republic Title Co., 314 F.3d 875, 879 (7th Cir.2002), but neither the Supreme Court nor this court has clarified the outer limits of the universe of less formal agency interpretations that might qualify. … We must conclude that 18 U.S.C. § 3624 is ambiguous in that it does not clearly indicate whether the fifty-four days’ credit for good conduct for each year of the prisoner’s “term of imprisonment” is based on the sentence

Thomas Brooks, Plaintiff/counterdefendant-Appellant v. United States of America, Defendant/counterplaintiff-Appellee

64 F.3d 251 · Court of Appeals for the Seventh Circuit · Aug 2, 1995

in March of 1993, the FNS notified Brooks that it had reason to believe that Brooks had violated the terms and conditions of the regulations governing the Food Stamp Program by redeeming food stamps in excess of actual qualifying … We review findings of fact under a clearly erroneous standard. Keller v. United States, 58 F.3d 1194, 1197 (7th Cir.1995). We review conclusions of law de novo. Kraushaar v. Flanigan, 45 F.3d 1040, 1052 (7th Cir.1995).

Courtney v. Octopi, Inc.

807 F.2d 594 · Court of Appeals for the Seventh Circuit · Dec 5, 1986

This finding led to the conclusion that the appellants had qualified for the exception to avoidance in 11 U.S.C. § 547 (c)(2). … Because we find this treatment to be appropriate in light of the record, our own jurisdiction is established. .

John Randall Acker v. Curtis W. Tarr, Director of Selective Service of the United States

486 F.2d 654 · Court of Appeals for the Seventh Circuit · Sep 17, 1973

Clark, 287 F.Supp. 561 (SDNY 1968)] together establish the principles (a) that Sec. 10(b)(3) does not foreclose pre-induction judicial review in that rather rare instance where administrative action, based on reasons unrelated … We said in dicta that the local board's reliance on Local Board Memorandum No. 96 4 was "not tantamount to the clearly unauthorized actions of the local boards in Oestereich and Breen, which relied on extraneous factors not

Eberhart v. Abshire

158 F.2d 24 · Court of Appeals for the Seventh Circuit · Oct 31, 1946

Ann. 1933, was incorrect, and that such an interpretation when incorporated in the court’s instructions to the jury was clearly erroneous. … These qualifying conditions of unobstructed passage and a sufficiently *27 dear view would seem to apply just to natural conditions such as no berm or a soft shoulder too weak to support the weight of an automobile.

Dr. Stanley Heller, and Cross-Appellant v. The Equitable Life Assurance Society of the United States, and Cross-Appellee

833 F.2d 1253 · Court of Appeals for the Seventh Circuit · Nov 10, 1987

The record clearly establishes that Dr. Heller acted in good faith. Initially, Dr. … Physician is defined in the policy: “Physician means a legally qualified physician other than the Insured.” 9 . Dr.

United States v. Joseph J. Neary

552 F.2d 1184 · Court of Appeals for the Seventh Circuit · Mar 31, 1977

In any event, adequate market value was clearly proved. … Under (b), after conviction and prior to sentencing, the trial court, sitting without a jury, conducts a hearing to determine whether the defendant qualifies as a dangerous special offender under the criteria specified in

Nancy Deitchman, Paula Renfroe, and Dr. Arthur L. Herbst, Witness-Appellee v. E.R. Squibb & Sons, Inc.

740 F.2d 556 · Court of Appeals for the Seventh Circuit · Jul 26, 1984

To establish the Registry, Dr. … We agree *561 arguendo that the Registry files may enjoy a qualified privilege and are not to be pried into unnecessarily; however, such privileges are not absolute.

United States v. Mohammad Ali Bastanipour

697 F.2d 170 · Court of Appeals for the Seventh Circuit · Dec 30, 1982

Crown informed defense counsel concerning another qualified witness. When the defense contacted Dr. … Crown’s testimony by a qualified witness.” The Government did not contest that witness’ testimony.

United States v. Brian Johnson

743 F.3d 196 · Court of Appeals for the Seventh Circuit · Feb 12, 2014

The  court  might  have  also  inquired  of  the  prosecutor  whether  it  would  assure  her  immunity if she testified.  After  being  sworn,  S.W.  …   committing  the  offenses  that  resistance  need  not  have  been  established in order to demonstrate the use of force or threat  of force”).