Case law

Joseph v. Village of Downers Grove

104 F.2d 974 · Court of Appeals for the Seventh Circuit · May 17, 1939

deposit is wrongful and unlawful when made by the custodian of public funds in a bank which, owing to its failure to furnish the bond of indemnity required by an ordinance passed pursuant to statutory authority, is not qualified … Every power not clearly granted is withheld. Enumeration of powers granted implies exclusion of all others, and any ambiguity in the terms of a grant operates against the,corporation and in favor of the public.

Pannell, David v. McBride, Daniel

Court of Appeals for the Seventh Circuit · Sep 30, 2002

Under that pro- vision federal courts may grant habeas corpus relief only if a state court’s adjudication on the merits resulted in a decision that “was contrary to, or involved an unreason- able application of, clearly established … But the right to present evi- dence is qualified—prison officials may exclude evidence from an inmate’s hearing to ensure institutional safety or correctional goals. Wolff, 418 U.S. at 566.

David, Lori v. Caterpillar Inc

Court of Appeals for the Seventh Circuit · Mar 17, 2003

evidence of pretext unless those differences are so favor- able to the plaintiff that there can be no dispute among reasonable persons of impartial judgment that the plain- tiff was clearly better qualified for the position … David “that there can be no dispute among reasonable persons of impartial judgment that [she] was clearly better qualified” for the sergeant position. Id. However, Ms.

United States v. Hanhardt, William A.

Court of Appeals for the Seventh Circuit · Mar 16, 2004

The government failed to establish that Altobello’s unsworn statements significantly impeded its investigation. … The upward adjustment is applicable to each leader in a conspiracy and more than one conspirator may qualify as an organizer or a leader. United States v. McClinton, 135 F.3d 1178, 1191 (7th Cir. 1998).

American Hospital Association v. Harris

625 F.2d 1328 · Court of Appeals for the Seventh Circuit · Jul 2, 1980

Id. 37 Clearly no fair reading of the above exchange supports the position advanced by the intervenors that Congress intended for the Hill-Burton Act, standing alone, to impose broad indigent care obligations on participating … Thus, in Title XVI, Congress clearly manifested an intent that the assurances, made at the time that federal assistance was received, should be given effect.

Hanna H. Fessehaye v. Alberto R. Gonzales, United States Attorney General

414 F.3d 746 · Court of Appeals for the Seventh Circuit · Jul 8, 2005

Fessehaye clearly supplied evidence of the quality and quantity that the Board reasonably could expect. Ms. … The Board clearly abused its discretion in requiring more evidence before reopening Ms. Fessehaye’s case.

Joshua Cheli v. Taylorville Community School D

986 F.3d 1035 · Court of Appeals for the Seventh Circuit · Feb 3, 2021

Clearly Section 8.1 does not purport to restate this truism but rather states that “reasonable cause” is the only way to dismiss these employees. … The instant case is clearly distinct from Lashbrook.

United States v. Noah Ryan Robinson and John Anthony Robinson, and Noah Robinson v. United States of America, and John A. Robinson v. United States

8 F.3d 398 · Court of Appeals for the Seventh Circuit · Oct 13, 1993

Even if Wilson perjured himself in the past, that fact does not establish that Wilson perjured himself in this case. … The Robinsons’ belief that Wilson was lying, however strong, is not sufficient to establish that the government used perjured testimony in its case against them.

United States v. Royel Page

123 F.4th 851 · Court of Appeals for the Seventh Circuit · Dec 18, 2024

It also provided other instructions on when a defendant qualifies—and does not qualify—as a member of a conspiracy. … This means sometimes, even where the evidence clearly establishes knowledge, it still falls short of proving intent. Id. Direct Sales took pains to distinguish the analysis of knowledge from that of intent.

Radio Shack Corporation v. Radio Shack, Inc

180 F.2d 200 · Court of Appeals for the Seventh Circuit · Feb 28, 1950

Under such circumstances it is well established that a State { *205 license to do business in Illinois is not required. International Text-Book Co. v. … The findings of the trial court overruling the various affirmative defenses are not clearly wrong, and we shall therefore not disturb such findings.

Vera L. Floyd, Floyd Griffin, Jr., Curlee Williams, Individually and on Behalf of All Others Similarly Situated v. Tommy Thompson, Individually and in His Official Capacity as Governor of the State of Wisconsin

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.

Harrison, James P. v. McBride, Daniel

Court of Appeals for the Seventh Circuit · Oct 27, 2005

‘involv[ing] an unreasonable application of . . . clearly established Federal law.’ ” Williams v. … Alternatively, the district court concluded that the state supreme court’s adjudication was an unreasonable application of clearly established law.

Youakim v. Miller

562 F.2d 483 · Court of Appeals for the Seventh Circuit · Sep 27, 1977

Clearly the plaintiffs here are rearing the child of another (a supra) and the children involved are being brought up by someone other than their natural parents (b supra). … We do not understand the DCFS to be contending that its staff workers ignored the criteria established in the Placement Manual.

United States v. Mario Gracia

272 F.3d 866 · Court of Appeals for the Seventh Circuit · Nov 19, 2001

However, an FBI agent testified that he had spoken to Hirsh, and Hirsh had told him that Gracia would cooperate with the authorities only if Gracia was granted transactional immunity. … While the criminal activity must involve five or more participants, to qualify for the increase as manager or supervisor, the district court had to find that Gracia had control over only one participant.

Harold R. Dodson v. National Transportation Safety Board and the Federal Aviation Administration

644 F.2d 647 · Court of Appeals for the Seventh Circuit · Mar 12, 1981

Therefore, the NTSB ruled that petitioner had not met his burden of establishing by a preponderance of substantial, reliable, and probative evidence that he was qualified for a medical certificate under Sections 67.15(e)( … Since •petitioner has not established other facts which would defeat such a finding, his argument here must fail. 4 .

Erwin v. County Of Manitowoc

872 F.2d 1292 · Court of Appeals for the Seventh Circuit · Apr 19, 1989

He thought it was a close question on the law of qualified immunity and on the facts of whether O'Hearn acted with malice or callous disregard of the plaintiff's rights when he shot the dog or whether he shot in self-defense … Id. 36 Before applying the principles of Monell,, Tuttle or Harris, we must first clearly understand the facts. But the findings in the verdict form impede this necessary understanding.

Continental Casualty Company v. Certain Underwriters at Lloyds

10 F.4th 814 · Court of Appeals for the Seventh Circuit · Aug 23, 2021

Whereas a decision by a court of first instance is usu- ally subject to de novo review for questions of law, and more deferential, yet still meaningful, review for questions of fact, arbitration awards are largely immune from … A close look at all three awards—the unchallenged Final Award and the two Or- ders—satisfies us that the arbitrators did not stray beyond the boundaries established by the parties.

Melvin Newman v. Rick Harrington

726 F.3d 921 · Court of Appeals for the Seventh Circuit · Aug 9, 2013

Newman contends that the state court’s adjudication resulted in a decision that involved an unreason- able application of clearly established federal law and was based on an unreasonable determination of fact. … “A state court decision is an ‘unreasonable application of … clearly established Federal law’ when the court applied Supreme Court precedent in ‘an objectively unreasonable manner.’” Warren v.

Larry Dunn, Jr. v. Cathy Jess

981 F.3d 582 · Court of Appeals for the Seventh Circuit · Nov 24, 2020

Strickland provides the clearly established federal law for Dunn’s ineffective assistance of counsel claim. “A petitioner raising a Strickland claim is required to demonstrate two things.” Winfield v. … This is sufficient to establish prejudice under Strickland. III.

Hilary Remijas v. Neiman Marcus Group, LLC

794 F.3d 688 · Court of Appeals for the Seventh Circuit · Jul 20, 2015

Mitigation expenses do not qualify as actual injuries  where  the  harm  is  not  imminent.  Clapper,  133  S.  Ct.  … That easily qualifies as a concrete injury. It is also  worth noting that our analysis is consistent with that in An‐ derson v. Hannaford Bros.