Case law

Opinions from 1658 to today.

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  • Cerro Copper Products Company v. Ruckelshaus

    766 F.2d 1060 · Court of Appeals for the Seventh Circuit · Jul 1, 1985

    To qualify for these "removal credits," the POTW must have an EPA-approved pretreatment program and must submit periodic data to the EPA concerning the quantity and quality of the POTW's normal influent and effluent flow. … situation" argument before this court. 26 We summarily dispose of the petitioners' attack upon the EPA's uniform, national pretreatment standards for the copper-forming industry as the legislative history of the Clean Water Act clearly

    Cited 2 timesPublished
  • Harrington v. Berryhill

    906 F.3d 561 · Court of Appeals for the Seventh Circuit · Oct 10, 2018

    United States , 187 U.S. 371 , 382, 23 S.Ct. 142 , 47 L.Ed. 221 (1902), to establish the proposition that the district courts, "which render[ed] a judgment in favor of A against B," also have the jurisdiction "to inquire … Nevertheless, Justice Sotomayor and her colleagues determined that regardless of the policy outcomes, the text of the law clearly required upholding the offsets. They left questions of policy to Congress. III.

    Cited 117 timesPublished
  • Trustmark Insur Co v. Gen'l & Cologne Life

    Court of Appeals for the Seventh Circuit · Sep 13, 2005

    the plaintiff would have to establish to survive summary judgment. … Clearly, Perkins’s testimony does not provide, as Trustmark argues, an unconditional commitment to a percentage.

    Cited 0 timesPublished
  • Tihomir Milosevic v. Immigration and Naturalization Service

    18 F.3d 366 · Court of Appeals for the Seventh Circuit · Feb 22, 1994

    The Immigration and Nationality Act, however, clearly provides that petitions for review must be filed no later than 90 days after the issuance of any final order of the Board. 8 U.S.C. § 1105a(a). … requirement that an asylum applicant demonstrate that he or she has a reasonable fear of being singled out for persecution “is no doubt driven by Congress’ concern that a more lenient and compassionate pol *374 icy would qualify

    Cited 34 timesPublished
  • Simmons, Inc., a Corporation v. Pinkerton's, Inc., a Corporation and National Surety Corporation, a Corporation

    762 F.2d 591 · Court of Appeals for the Seventh Circuit · May 28, 1985

    Yet there was no allegation that Pinkerton’s had failed to qualify for or obtain a license, had or should have had its license revoked, had failed to obtain a surety bond or was similarly delinquent. … Clearly, the testimony carried some danger of prejudice, and just as clearly the trial court was obligated to balance this risk against the probative value of the testimony.

    Cited 81 timesPublished
  • Leroy Whitfield v. Illinois Board of Law Examiners, Len Young Smith

    504 F.2d 474 · Court of Appeals for the Seventh Circuit · Oct 18, 1974

    Board of Bar Examiners, 353 U.S. 232 , 3 77 S.Ct. 752 , 1 L.Ed.2d 796 , the examination is unconstitutional. 4 We may assume arguendo that plaintiff’s background does establish his ability to practice law. … The fact that the bar examination has prevented one even exceptionally qualified individual from practicing is not, however, a sufficient reason to declare it violative of the Fourteenth Amendment.

    Cited 63 timesPublished
  • 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.

    Cited 112 timesPublished
  • City Of Chicago v. Federal Communications Commission

    199 F.3d 424 · Court of Appeals for the Seventh Circuit · Mar 22, 2000

    The former is clearly within the jurisdiction of the states and their political subdivisions. … As the entity that has contracted with subscribers, it is ECI that is responsible for acquiring the programming its customers want, establishing a price, and delivering the video signals.

    Cited 1 timesPublished
  • 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.

    Cited 6 timesPublished
  • United States v. Mark A. White

    406 F.3d 827 · Court of Appeals for the Seventh Circuit · May 3, 2005

    , and assisting in the attempted destruction of evidence, would certainly qualify him for the obstruction of justice enhancement. … Hickok, 77 F.3d 992, 1006 (7th Cir.1996) (“Perjury is a well-established example of conduct that warrants an enhancement for obstruction of justice.”) (internal citations omitted).

    Cited 119 timesPublished
  • Richard A. Lauchli, Jr. v. United States

    432 F.2d 1207 · Court of Appeals for the Seventh Circuit · Sep 16, 1970

    But applying principles similar to those considered above with respect to trial counsel, we do not think that failure to do so in a criminal case establishes a denial of a sixth amendment right. … Certainly it does not where there is nothing to show that failure to petition for rehearing or for certiorari was clearly imprudent. (3) The Marchetti, Grosso, and Haynes defense.

    Cited 4 timesPublished
  • Eggleston v. Chicago Journeymen Plumbers' Local Union No. 130

    657 F.2d 890 · Court of Appeals for the Seventh Circuit · Aug 11, 1981

    Some overlap may be unavoidable. 8 The burden of establishing class requirements rests on plaintiff, Carracter v. … The charge itself, which named Local 130, clearly complained of discriminatory exclusion from the apprenticeship program.

    Cited 147 timesPublished
  • 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.

    Modified on other grounds by R.E. Davis Chemical Corporation, an Illinois Corporation v. Diasonics, Incorporated, a California Corporation, 924 F.2d 709 (1991)Cited 28 timesPublished
  • Edwin Edelberg v. The Illinois Racing Board

    540 F.2d 279 · Court of Appeals for the Seventh Circuit · Aug 9, 1976

    PLAINTIFFS HAVE NOT ESTABLISHED A DEPRIVATION OF PROCEDURAL DUE PROCESS. … Clearly the due process clause of the Fourteenth Amendment protects against unreasonable and arbitrary state deprivation which imposes forfeitures, punishments or costs.

    Cited 27 timesPublished
  • United States v. Frykholm, Linda

    Court of Appeals for the Seventh Circuit · Sep 25, 2001

    She did so by sending out bad checks drawn upon a new account she established in the name of Newco Trust at the National City Bank in Belvidere, Illinois. … In order to qualify for a downward departure for acceptance of responsibility, a defendant must: "1) demonstrate that [she] clearly recognizes and affirmatively accepts responsibility for [her] conduct; 2) timely notify authorities

    Cited 0 timesPublished
  • Joseph Delgado v. Robert Polk

    530 F. App'x 596 · Court of Appeals for the Seventh Circuit · Sep 27, 2013

    The district court dismissed the complaint against two of the defendants, both Village attorneys, on the basis of prosecutorial immunity. The remaining defendants then moved for summary judgment. … To show negligence Delgado must establish that he suffered an injury caused by Gunther’s lack of training. See Doe v. Brouillette, 906 N.E.2d 105, 115 (Ill. App.

    Cited 0 timesUnpublished
  • United States v. Ramirez-Silva

    369 F. App'x 744 · Court of Appeals for the Seventh Circuit · Apr 1, 2010

    Att’ys’ Bull. 11, 15-16 (2006) (discussing how prosecutors confronted with a fast-track disparity argument can initially determine whether a defendant would qualify for fast-track disposition in a fast-track district). … Moreover, the district court was clearly aware of the possibility of deportation and mentioned it several times at sentencing.

    Cited 2 timesPublished
  • United States ex rel. Witherspoon v. Ogilvie

    337 F.2d 427 · Court of Appeals for the Seventh Circuit · Sep 28, 1964

    In this connection he urges the record establishes that the confession was coerced; that the state court trial judge used a constitutionally impermissible standard in its instruction to the jury concerning the jury’s consideration … It was addressed to the prosecutor and the reference to appellate review was qualified by the limitation “if it gets that far”.

    Cited 6 timesPublished
  • Charles Reynolds and Beatrice Reynolds v. Commissioner of Internal Revenue

    296 F.3d 607 · Court of Appeals for the Seventh Circuit · Jul 18, 2002

    Although Treasury regulations implementing § 274(d) clearly state that “adequate records” are not the only method of establishing eligibility, alternative methods are disfavored — and for good reason. … 5) (“The taxpayer’s costs of commuting to his place of business or employment are personal expenses and do not qualify as deductible expenses.”).

    Cited 39 timesPublished
  • 48 Fair empl.prac.cas. 1674, 49 Empl. Prac. Dec. P 38,755 Elree Cox, Jr., Norbert Diaz, Cortez Holland, Thessalonia Monegan, Mark O'bannon, Ponder Richardson, Donald Smith, Matthew Thomas, and James Winbush v. City of Chicago and Chicago Fire Fighters Union, Local 2, International Association of Fire Fighters, Afl-Cio

    868 F.2d 217 · Court of Appeals for the Seventh Circuit · Jan 27, 1989

    The court's determination of the relevant labor pool, from which eligibility rate statistics are generated, is also "normally reviewable under the 'clearly erroneous' standard as an 'essentially factual matter within the … The district court should have considered whether the labor pool submitted by plaintiffs was composed of individuals qualified to become battalion chiefs.

    Cited 0 timesPublished

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