Case law

Reynold C. Moore v. Steven B. Casperson

345 F.3d 474 · Court of Appeals for the Seventh Circuit · Sep 29, 2003

Moore must show that the adjudication “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 … established Supreme Court precedent. 6 2.

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.

35 Fair empl.prac.cas. 1458, 36 Fair empl.prac.cas. 112, 35 Empl. Prac. Dec. P 34,614 Wesley N. Heiar, Kenneth I. Strauman, and Myrl E. Brown, Cross-Appellants v. Crawford County, Wisconsin, Cross-Appellee

746 F.2d 1190 · Court of Appeals for the Seventh Circuit · Oct 25, 1984

A third argument, that the Eleventh Amendment immunizes counties from having to pay federal money judgments, has no possible merit after Mackey v. Stanton, 586 F.2d 1126, 1130-31 (7th Cir.1978). … (Another such case, even more clearly distinguishable, is Val Decker Packing Co. v. Corn Products Sales Co., 411 F.2d 850, 851-52 (6th Cir.1969).)

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.

Radio Television News Directors Association v. United States of America and Federal Communications Commission, Columbia Broadcasting System, Inc. v. United States of America and Federal Communications Commission, National Broadcasting Company, Inc. v. United States of America and Federal Communications Commission

400 F.2d 1002 · Court of Appeals for the Seventh Circuit · Jan 13, 1969

Those decisions have established the standards by which to assess claims that governmental statutes, regulations or practices abridge freedom of speech in violation of the first amendment. … Thus, if the person attacked has previously been afforded a fair opportunity to address himself to the substance of the particular attack, fairness and compliance ance with the rule have clearly been achieved.

United States v. Stokes

64 F. App'x 585 · Court of Appeals for the Seventh Circuit · May 19, 2003

Finally, she admitted that she agreed to testify only after being granted immunity. After hearing the evidence, the jury convicted Mr. Stokes. Subsequently, Mr. … In order to establish a claim of ineffective assistance of counsel, a defendant must establish (1) that his attorney’s performance fell below an objective standard of reasonableness; and (2) that the deficient performance

United States v. Edward D. Boatman

786 F.3d 590 · Court of Appeals for the Seventh Circuit · May 15, 2015

In its sentenc- ing memorandum, the government argued that Boatman’s two qualifying predicate convictions for career offender sta- tus, which together involved 0.8 grams of heroin that he sold for $40, were insignificant … Common procedural errors include “failing to calculate (or improperly calculat- ing) the Guidelines range, treating the Guidelines as manda- tory, failing to consider the § 3553(a) factors, selecting a sen- tence based on clearly

Fireman's Fund Insurance Company v. Waste Management Of Wisconsin, Inc.

777 F.2d 366 · Court of Appeals for the Seventh Circuit · Nov 18, 1985

First it found that the circumstances surrounding the choice of the Prosser firm by Fireman's Fund in view of that firm's long professional relationship with that insurer belied any claim that Prosser qualified as independent … American Home, however, is clearly distinguishable from this case because the insurer's reservation of rights in that case did not create a conflict of interest between the insurer and the insured In American Home, the insured

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.

Ben-Yisrayl v. Buss

540 F.3d 542 · Court of Appeals for the Seventh Circuit · Aug 28, 2008

. -, 128 S.Ct. 743, 746-47 , 169 L.Ed.2d 583 (2008) (emphasizing that a state court’s application of clearly established law is acceptable, even if it is likely incorrect, so long as it is reasonable). … It follows, therefore, that the Indiana Court of Appeals did not act contrary to clearly established federal law, nor did they unreasonably apply this law, in upholding his sentence.

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.

United States v. Clarence McClain

934 F.2d 822 · Court of Appeals for the Seventh Circuit · Jun 19, 1991

Here, in marked contrast, the instructions did not spell out the government’s burden in establishing McClain’s guilt of attempted extortion under a Pinkerton theory. … Even under the lenient test established by Schmuck v.

United States v. Bryant, Darryl

Court of Appeals for the Seventh Circuit · Aug 22, 2005

The judge found that the device was in fact a flash suppressor or that the rifle had the capacity to accommodate such a device, and thus the rifle qualified as a semiautomatic assault weapon. … Instead, he challenges the evidence in the PSR as inadequate to establish a nexus between the firearms and the drugs found.

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

United States v. Russell

662 F.3d 831 · Court of Appeals for the Seventh Circuit · Nov 10, 2011

Not every nude photograph qualifies as a lascivious one. United States v. Griesbach, 540 F.3d 654, 656 (7th Cir.2008) (coll, cases); see United States v. … Those questions were clearly aimed at conveying to the jury that Russell’s purpose in photographing his daughters nude was not to create sexually suggestive images.

United States v. Leonard R. Cherek

734 F.2d 1248 · Court of Appeals for the Seventh Circuit · May 22, 1984

The judge then had to decide between giving a qualified answer and refusing to answer the jury’s question, the latter alternative being equivalent to throwing the jury back on its initial set of instructions. … After independently reviewing those instructions, we conclude that they clearly and precisely set forth the elements of the case and the issues for the jury to determine.

Beard v. Robinson

563 F.2d 331 · Court of Appeals for the Seventh Circuit · Sep 28, 1977

Six Unknown Named Agents of the Federal Bureau of Narcotics, 456 F.2d 1339, 1346-47 (2d Cir. 1972) (immunity of state and federal officers). … Since Reed , the court has avoided the problem by applying state statutes of limitations, other than those for common law torts or for statutory actions, that “clearly apply” to civil rights actions. Chambers v.

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.

Mcgeshick v. Choucair

9 F.3d 1229 · Court of Appeals for the Seventh Circuit · Nov 15, 1993

McGeshick had failed not only to establish who at the clinic was negligent, but also to establish how the alleged negligence affected Mr. … Clearly his testimony does not establish either the Clinic's breach or how this breach caused Mr. McGeshick's injuries. In addition, Dr. Millikan testified on Mr. McGeshick's behalf.

Stanley E. Coutu v. Universities Research Association, Inc.

595 F.2d 396 · Court of Appeals for the Seventh Circuit · Apr 4, 1979

On the contrary, in dismissing Count I Judge McGarr held only that if the contract was not a Davis-Bacon Act contract plaintiff could not recover. 6 Clearly if a contract contains the required wage stipulations, this would … Even if this were the intent of the regulation, since it is not authorized by law it could not qualify as an exception under Section 4 of the Act. 17 *402 Plaintiff must now be permitted to resume discovery (or employ other