Case law

City of Hammond v. McLean

384 F.2d 776 · Court of Appeals for the Seventh Circuit · Jun 22, 1967

In view of the previous trial testing claim 441, we think the order was clearly justified under Rule 16 in the circumstances of this case. 5 We turn now to the judgment before us entered by the district court on February … No question can now be raised by Woodmar with respect to the validity of the qualified payments ordered in the judgment to “32 lien claims involving dead persons,” etc.

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.

Floyd, Vera L. v. Thompson, Tommy

227 F.3d 1029 · Court of Appeals for the Seventh Circuit · Sep 19, 2000

It was established in Title XIX of the Social Security Act, 42 U.S.C. sec.sec. 1396-1396v. As a cooperative federal-state venture, it is administered by an appropriate state agency in virtually every state. … Ellsworth’s entire case would have been barred if that had been true, and it clearly was not.

In Re Colonial Discount Corporation

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. Sec. 547 (c)(2). … Accordingly, the appellants met their burden of establishing an exception to avoidance under section 547(c)(2).

Tabatha Washington v. City of Chicago

98 F.4th 860 · Court of Appeals for the Seventh Circuit · Apr 15, 2024

White said the 6 No. 22-2467 altercation earlier that evening started when Edmondson— clearly high on cocaine or other drugs—approached him and Cage and repeatedly called … Benner, we again found that probable cause could not be resolved as a matter of law, affirming a denial of qualified immunity on a standard of review identical to that for summary judgment. 913 F.3d at 643.

Cavel International, Inc. v. Madigan

500 F.3d 551 · Court of Appeals for the Seventh Circuit · Sep 21, 2007

But in the case of the severance tax the “local” character of the activity taxed, although it does not immunize the tax from scrutiny, Commonwealth Edison Co. v. … “Where the statute regulates evenhandedly to effectuate a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly

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.

Campos v. City of Peoria

55 F. App'x 379 · Court of Appeals for the Seventh Circuit · Jan 14, 2003

The report was fairly damning (“Officer Campos’ performance [at the exercise] was abhorrent”), and would clearly have warranted an investigation into the underlying events. … We do not see, therefore, how one might conclude that the timing in this case qualifies as direct evidence of retaliation.

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”). 

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

Shameca Robertson v. Allied Solutions, LLC

902 F.3d 690 · Court of Appeals for the Seventh Circuit · Aug 29, 2018

Ordinary background checks qualify as consum‐ er  reports  under  the  FCRA.  See  15  U.S.C.  § 1681a(d)(1).  … A qualifying injury must be both  concrete and particular to the plaintiff. Id. at 1548. 

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. Jeffrey Paul Curtis

37 F.3d 301 · Court of Appeals for the Seventh Circuit · Sep 29, 1994

In addition, the evidence clearly demonstrated that Curtis operated as the common supplier to both Cullinane and Cutkomp throughout the time period charged in the indictment. … Tr. at 81, that Brown was silent as to whether the person who received the money also qualifies for the enhancement.

Snodderly v. R.U.F.F. Drug Enforcement Task Force

239 F.3d 892 · Court of Appeals for the Seventh Circuit · Feb 7, 2001

his guilt on the charged offense--on the ground that prosecutors are absolutely immune from such charges. … However, we reject this argument, because Snodderly clearly raised the issue before the district court in his Memorandum Contra to Defendants’ Motions to Dismiss.

Megan Daniels v. United Healthcare Services, Inc.

74 F.4th 803 · Court of Appeals for the Seventh Circuit · Jul 17, 2023

The Uninsured Employers Fund enjoys sovereign immun- ity as a state entity, so it was dismissed from the suit. Id. … Moreover, Aslakson featured the additional complication that the Uninsured Employers Fund had immunity.

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. Bernell Brasher

105 F.4th 1002 · Court of Appeals for the Seventh Circuit · Jun 28, 2024

This appeal asks us to hold that some of Bernell Brasher’s past conduct bore too attenuated a link to his offense of conviction to qualify as relevant conduct at sen- tencing. … On appeal, Sumner argued that the district court erred by failing to articulate why the earlier conduct qualified as “relevant conduct.” Id. at 537. We agreed. Id. at 540.

R.E. Davis Chemical Corp. v. Diasonics, Inc.

826 F.2d 678 · Court of Appeals for the Seventh Circuit · Aug 13, 1987

Davis’ right to restitution, however, is qualified under 2-718(3)(a) to the extent that Diasonics can establish a right to recover damages under any other provision of Article 2 of the UCC. … The district court’s order of November 4, 1986, from which Diasonics clearly appealed, made the September 19, 1986 order final and appealable.

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.

Carol Lynn Brandes v. Donald Burbank and Finer Iron and Metal Company, Inc.

613 F.2d 658 · Court of Appeals for the Seventh Circuit · Jan 14, 1980

The Supreme Court held that the instruction was clearly erroneous, as the legislature could not delegate the power to make laws. … In Alarid the court referred to a number of California cases establishing three different standards.