Case law

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 .

American Dental Ass'n v. Martin

984 F.2d 823 · Court of Appeals for the Seventh Circuit · Jan 28, 1993

Clearly disaggregation would have been possible and appropriate. … It seems quite obvious that the CDC, state agencies and professional organizations (who are more qualified than OSHA) should establish the regulations and guidelines that govern the health care profession. .

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.

Angela Tonyan v. Dunham's Athleisure Corporatio

966 F.3d 681 · Court of Appeals for the Seventh Circuit · Jul 20, 2020

The Americans with Disabilities Act (“ADA”) prohibits a covered employer from “discriminat[ing] against a qualified individual on the basis of disability.” 42 U.S.C. § 12112(a). … A “qualified individual” is one “who, with or without reasona‐ ble accommodation, can perform the essential functions of the employment position.” Id. § 12111(8).

SAMUEL C. JOHNSON 1988 v. Bayfield County, Wis.

520 F.3d 822 · Court of Appeals for the Seventh Circuit · Apr 2, 2008

First, the authorities cited by the Landowners do not clearly state whether such a release invariably destroys the executory limitation that would attach to the United States’s estate upon reversion of the right-of-way. … A third-party, Stratman, who had conducted ranching operations on the land when it was federally owned, moved to intervene, claiming that the lands should be returned to the federal government because Lesnoi did not qualify

WOODMAR REALTY COMPANY v. McLEAN

384 F.2d 776 · Court of Appeals for the Seventh Circuit · Jan 15, 1968

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 10 We turn now to the judgment before us entered by the district court on February … genuine material issues of fact precludes it from now claiming violation of due process rights in denial of a hearing on each claim objected to. 12 No question can now be raised by Woodmar with respect to the validity of the qualified

Raimondo v. Belletire

789 F.2d 492 · Court of Appeals for the Seventh Circuit · Apr 21, 1986

Applying the MHDDC to Raimondo, the court determined that § 3-200 of that act establishes that civil patients who were once NGRIs may only be released as provided in the amended UCC. … Oct. 30, 1984), and we therefore do not address, the question of whether change in the conditions of Raimondo’s confinement is immune *495 from ex post facto analysis because that confinement is not penal in nature.

Freyda Saltzman v. Fullerton Metals Company

661 F.2d 647 · Court of Appeals for the Seventh Circuit · Oct 6, 1981

Plaintiff attempted to show at trial, however, that the alleged training program was too informal to qualify as a bona fide program for Equal Pay Act purposes. Hodgson v. … On remand, plaintiff will have to establish that her discharge was unlawful in order to succeed on Count II.

Jeffrey Allen v. City of Chicago

865 F.3d 936 · Court of Appeals for the Seventh Circuit · Aug 3, 2017

P. 52(a)(6) (“Findings of fact … must not be set aside unless clearly erroneous … .”). … They did qualify that argument, conceding that the Bu- reau would compensate certain kinds of BlackBerry work, in- cluding long stretches of work.

Wisconsin Resources Protection Council v. Flambeau Mining Co.

727 F.3d 700 · Court of Appeals for the Seventh Circuit · Aug 15, 2013

The court determined that Flam-beau “has not shown that the EPA has approved use of state mining permits via § NR 216.21(4) as [a] substitute for [WPDES] permit” 18 and so had not established that it possessed a qualifying … However, its arguments concerning notice and fundamental fairness clearly raise the issue of due process. . See, e.g., Citizens for a Better Env’t-Cal. v.

Equal Employment Opportunity Commission v. Ilona of Hungary, Incorporated

108 F.3d 1569 · Court of Appeals for the Seventh Circuit · Mar 6, 1997

Ilona generally hires manicurists, estheti-cians, and masseuses who were trained in Europe, as it believes that European-trained service personnel are more qualified than their domestically-trained counterparts. … The district court’s findings on these matters are supported by the evidence and are not clearly erroneous.

Gibson v. City of Chicago

910 F.2d 1510 · Court of Appeals for the Seventh Circuit · Aug 23, 1990

Edmondson Oil Co., 457 U.S. 922, 936 , 102 S.Ct. 2744, 2753 , 73 L.Ed.2d 482 (1982)), but seemingly qualifying this statement by adding that "[i]t is firmly established that a defendant in a § 1983 suit acts under color of … personnel and the presence of other qualified rescuers); White v.

Luther Artis, Cross-Appellant v. Hitachi Zosen Clearing, Incorporated, Cross-Appellees

967 F.2d 1132 · Court of Appeals for the Seventh Circuit · Aug 18, 1992

Expert testimony corroborated this evidence that Artis was fully qualified for the jobs that Glowacki and McDonnell filled. … In other words, once Artis established a prima facie case, no more direct evidence of racial discrimination was required. McCoy v.

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).

Jeryme Morgan v. Minh Schott

Court of Appeals for the Seventh Circuit · Feb 5, 2019

immunity applies. … We begin with an overview of the favorable-termination rule established in Heck v. Humphrey.

United States v. Felipe Vega

860 F.2d 779 · Court of Appeals for the Seventh Circuit · Oct 17, 1988

This case clearly requires the same disposition of the “suggestiveness” question as we made in Zambrana . … The combination of these items of evidence clearly establishes that Vega was involved in the drug conspiracy.

United States v. John Michael Donner

497 F.2d 184 · Court of Appeals for the Seventh Circuit · Jul 10, 1974

Our examination reflects that some of the remarks did partake of candor, but honesty and forthright recognition of clearly established facts may well as a matter of trial strategy provide a better defense than a dissimulative … We agree that “the exercise of a moral judgment based upon individual standards does not carry with it legal justification or immunity from punishment for breach of the law.” Id. at 1008.

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. 

Kenneth Marshall v. City of Chicago

762 F.3d 573 · Court of Appeals for the Seventh Circuit · Aug 11, 2014

If it did, we would be hard pressed to find adequate numbers of qualified jurors. … It is established that a litigant has no right to a petit jury which contains members of his race or which fairly represents a cross-section of the community. See Holland v.

Dunnet Bay Construction Compan v. Erica J. Borggren

799 F.3d 676 · Court of Appeals for the Seventh Circuit · Aug 19, 2015

And an individual in any racial group or gender may qualify as “socially and eco- nomically disadvantaged.” See id. … There- fore, Dunnet Bay’s size makes it ineligible to qualify as a DBE, regardless of the race of its owners.