Case law

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.

Ulmer D. Lynch v. Illinois State Board Of Elections

682 F.2d 93 · Court of Appeals for the Seventh Circuit · Jul 6, 1982

Until the office is filled by election, the mayor or president shall appoint a qualified person to the office, subject to the advice and consent of the corporate authorities. … Warden, 334 F.Supp. 602 (E.D.Pa.1971) (three-judge district court). 16 Rodriguez and Valenti clearly show that section 3-2-7 is not constitutionally infirm.

Shelby County State v. Van Diest Supply

Court of Appeals for the Seventh Circuit · Sep 17, 2002

Ambiguity of the “After-Acquired” Clause In the process of divining the meaning of a contractual clause, a court must first establish whether the language in dispute supports more than one interpretation. … The underlying rationale for the decision is equally applicable here: for the notice requirement to be a valid instrument of protection for potential creditors, that notice must be clearly expressed, and it must be such as

International College of Surgeons v. City of Chicago

153 F.3d 356 · Court of Appeals for the Seventh Circuit · Aug 6, 1998

In order to qualify for that exception, the owner must prove that the denial of the permit will result in the loss of “all reasonable and beneficial use of or return from the property.” … Similar to the law governing its claim under the Illinois Takings Clause, the law governing ICS' nondelegation claim is well established.

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

Clayton v. James B. Clow & Sons

327 F.2d 382 · Court of Appeals for the Seventh Circuit · Jan 28, 1964

Certainly, it was not clearly erroneous for the district judge to so find. 28 U.S.C.A. rule 52(a). … We deem it merely a practical method of establishing an advisory service for the testator’s widow. It did not create the named brothers trustees. 3.

Bps Guard Services, Incorporated v. International Union of United Plant Guard Workers of America, Local 228

45 F.3d 205 · Court of Appeals for the Seventh Circuit · Jan 18, 1995

In an April 2 letter, Burns' counsel did not respond to this request; counsel stated that Sullivan is not qualified to work as a nuclear security guard, and therefore he was closing his file. … The finding here was not clearly erroneous. C.

Yan Qin Xiao v. Michael Mukasey

Court of Appeals for the Seventh Circuit · Oct 27, 2008

The BIA affirmed the denial of the asylum claim be- cause the IJ’s finding that Xiao and Jiang were not credible was not clearly erroneous. … Analysis An alien qualifies for asylum if he can demonstrate by credible evidence that he is a “refugee.” 8 U.S.C. § 1158(b)(1)(A).

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.

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).

Beckman Instruments, Inc., a California Corporation v. Technical Development Corporation

730 F.2d 1076 · Court of Appeals for the Seventh Circuit · May 2, 1984

There is no established inconsistent position; Beckman has not benefited. … Steinmeyer’s May 27 draft established the basic form in which the license was ultimately executed.

Duluth, Missabe & Iron Range Railway Co. v. Wisconsin

100 F.3d 69 · Court of Appeals for the Seventh Circuit · Nov 13, 1996

Hiring their own qualified assessors to canvass the state and value all of the non-railroad personal property would have been practically impossible. So the railroads turned to an economist for assistance, Dr. … In those cases, if the district court’s evaluation of the extrinsic evidence is clearly erroneous, we will not defer. Id.

Hotel 71 Mezz Lender LLC v. National Retirement Fund

778 F.3d 593 · Court of Appeals for the Seventh Circuit · Feb 6, 2015

578 (7th Cir. 2007) (reviewing summary- judgment finding that defendant constituted a trade or business for clear error), and id. at 578 (Cudahy, J., concurring in the judgment) (agreeing district court’s finding was not clearly … It goes without saying that the court did not think that the facts on which NRF had based its motion were sufficient to establish that Mezz Lender was something more than a passive investment.

Patrick Wright, Petitioner-Appellee/cross-Appellant v. Jonathan Walls, Respondent-Appellant/cross-Appellee

288 F.3d 937 · Court of Appeals for the Seventh Circuit · Apr 24, 2002

But [Wright] presented evidence of a horrible childhood; surely that qualifies as mitigation. … As the district court noted, Wright presented substantial evidence of a troubled childhood, which clearly qualifies as evidence offered by the defendant in mitigation. 5 Although the *944 sentencing judge was not required

Schmerler Ford, Inc. v. National Labor Relations Board

424 F.2d 1335 · Court of Appeals for the Seventh Circuit · Apr 8, 1970

He concluded that since the Union qualified as a labor organization within the meaning of Section 2(5) of the Act, the Board should process the representation petitions. … David Buttrick Company, 399 F.2d 505, 507 (1st Cir. 1968). 2 Denial of recognition to the Union would run counter to these firmly established policies.

United States v. Jenette George

900 F.3d 405 · Court of Appeals for the Seventh Circuit · Aug 14, 2018

government  on  cross‐examination  first  ques‐ tioned  her  as  to  the  first  page  of  the  first  chapter  of  that  book,  which  was  an  article  entitled  “Marketing  Within  the  Four Corners of the Law” and quite clearly … The  provision  applies  only  to  Federally‐qualified health centers as defined in clauses (i) or  (ii)  of  42  U.S.C.

26 Fair empl.prac.cas. 1192, 26 Empl. Prac. Dec. P 32,040 Josef Eggleston and Albert Viera v. Chicago Journeymen Plumbers' Local Union No. 130, U. A., Defendants- Edell Plummer v. Chicago Journeymen Plumbers' Local Union No. 130, U. A., Defendants

657 F.2d 890 · Court of Appeals for the Seventh Circuit · Oct 7, 1981

Some overlap may be unavoidable. 8 The burden of establishing class requirements rests on plaintiff, Carracter v. … The volumes of discovery suggest that enough is enough, but it may be found that some additional discovery reasonably may be needed in certain clearly defined areas.

United States v. Kenneth A. Lee

413 F.3d 622 · Court of Appeals for the Seventh Circuit · Jun 28, 2005

The government references several cases with convoluted and ambiguous references to lawyers that failed to qualify as a clear call for counsel. … By *627 affirmatively establishing whether a suspect invoked counsel, police (and reviewing courts) can know precisely where they stand.

Chicago Newspaper Publishers' Association, Cross-Appellee v. Chicago Web Printing Pressmen's Union No. 7, Cross

821 F.2d 390 · Court of Appeals for the Seventh Circuit · Jun 8, 1987

whether the award is made under the Railway Labor Act, the Taft-Hartley Act, or the United States Arbitration Act — is not whether the arbitrator or arbitrators erred in interpreting the contract; it is not whether they clearly … If, in the opinion of the Examining Board, as provided in Section 23(e), said apprentice is not yet qualified to receive his journeyman card he may be sent back to serve additional time on his apprenticeship, pending further

United States v. Gary J. Eschman

227 F.3d 886 · Court of Appeals for the Seventh Circuit · Sep 14, 2000

. § SE1.1, a defendant who clearly demonstrates acceptance of responsibility for his or her offense is entitled to a reduction in his or her offense level. … However, we did not locate any record evidence that reasonably establishes that Eschman had the capacity to convert pseu-doephedrine into methamphetamine at yields of 60% or greater.