Case law

Gilbert Spiller v. United States

855 F.3d 751 · Court of Appeals for the Seventh Circuit · Apr 28, 2017

“It is well-established,” however, “that a district court need not grant an evidentiary hearing in all § 2255 cases.” Id. … This sounds in strategy rather than in emotion, and a “strate- gic decision, even if clearly wrong in retrospect, cannot sup- port a claim that counsel’s conduct was deficient,” United States v.

United Natural Foods, Inc. v. Teamsters Local 414

58 F.4th 927 · Court of Appeals for the Seventh Circuit · Jan 31, 2023

On December 12, 2019, Local 414 and its members went on strike and established a picket line at the Fort Wayne distri- bution center. … The Supreme Court’s jurisprudence has established four principles that guide our analysis. AT&T Techs., Inc. v. Commc’ns Workers of Am., 475 U.S. 643, 648, 106 S. Ct. 1415, 1418 (1986).

United States v. Steven C. Griffin, Marvin M. Rux, and Andrae Scurlock

84 F.3d 912 · Court of Appeals for the Seventh Circuit · Jul 30, 1996

Rux’s failure to object qualifies as a forfeiture, see Yakus, 321 U.S. at 444 , 64 S.Ct. at 677 , and we will accordingly review the instruction only for plain error. … Other cooperating witnesses testified under grants of use immunity. 2 .

United States v. Rogan, Peter

Court of Appeals for the Seventh Circuit · Feb 20, 2008

Rogan does not try to show that any of the detailed factual findings on this score is clearly erroneous. (His argument that the district judge had to address each of the 1,812 claim forms is a formula for paralysis. … Perhaps this means that the Excessive Fines Clause also is inap- plicable, though Browning-Ferris does qualify its holding by saying that penalties paid to the sovereign can be “fines” under the Eighth Amendment. 492 U.S.

United States v. Scott A. Fountain

840 F.2d 509 · Court of Appeals for the Seventh Circuit · May 16, 1988

These findings are not clearly erroneous. Fountain complains about the conduct of this hearing. … Congress established a system of parole in 1910, 36 Stat. 819 -20, and provided that any prisoner could be released after serving one-third of his term. This denied lifers the opportunity to be considered for parole.

United States v. Whited, Matthew

Court of Appeals for the Seventh Circuit · Aug 25, 2008

Whited concedes that the sexual encounter he and Will were contemplating would qualify as a “thing of value.” … The dis- trict court did not clearly err in finding that Whited distributed child pornography in reasonable anticipation of obtaining sex from Will.

LSP Transmission Holdings II, LLC v. James F. Huston

131 F.4th 566 · Court of Appeals for the Seventh Circuit · Mar 13, 2025

HEA 1420 gives incumbents first dibs to construct qualify- ing projects. … This suffices to establish facial discrimination.

Hague v. Thompson Distribution Company

436 F.3d 816 · Court of Appeals for the Seventh Circuit · Feb 7, 2006

Here, the employer maintains that the plaintiffs were not qualified for the position (the second prong of the prima facie case) and that it fired the plaintiffs for a legitimate non-discriminatory reason. … The Handbook, however, clearly provides for an initial trial period.

Pivot Point International, Incorporated, Cross-Appellee v. Charlene Products, Incorporated and Peter Yau

372 F.3d 913 · Court of Appeals for the Seventh Circuit · Aug 10, 2004

Charlene points to various places in the record that establish that Mara is used for this purpose and is, therefore, a useful article subject to the limiting language of § 101. … In creating the RIBBON Rack, the designer ... clearly adapted the original aesthetic elements to accommodate and further a utilitarian purpose.

In the Matter of Excello Press, Inc., Debtor. Appeal of Metlife Capital Credit Corporation

890 F.2d 896 · Court of Appeals for the Seventh Circuit · Dec 28, 1989

unless clearly erroneous, e.g., In re Ebbler Furniture and Appliances, Inc., 804 F.2d 87, 89 (7th Cir.1986), which it submits they are not. … It is unclear to us that the judge gave this independent weight, but to the extent the judge meant this to be a finding of fact, we hold it clearly erroneous.

United States v. Norton I. Kretske

220 F.2d 785 · Court of Appeals for the Seventh Circuit · Apr 22, 1955

We think the government adopted a proper method of establishing the value of these four paintings. … Therefore, the government quite properly solicited the opinions of highly qualified art experts.

Nelson, Roy G. v. United Steelwo 12213

Court of Appeals for the Seventh Circuit · Aug 29, 2005

The court initially decided to exercise its supplemental jurisdiction, and it ordered supplemental briefs on the issue of the individual defendants’ immunity from suit. … Upon the parties’ briefs, the district court con- cluded that case law holding that individual union members are immune from liability for actions taken in relation to a collective bargaining agreement covered by section

Robert E. Pincus v. Pabst Brewing Company, a Delaware Corporation

893 F.2d 1544 · Court of Appeals for the Seventh Circuit · Mar 5, 1990

The finder of fact is to determine whether apparent agency has been established. Iowa Nat’l Mutual Ins. Co. v. Backens, 51 Wis.2d 26 , 186 N.W.2d 196, 200 (1971). … Pabst argues, however, that the notes do not qualify as business records of “unusual reliability” entitled to be directly relied on as such by the jury.

Schadel, Douglas v. IA Interstate RR

Court of Appeals for the Seventh Circuit · Aug 25, 2004

IAIS clearly thinks that this rule would be highly favorable to it here. … Edmonds, the Court stated “merely reaffirm[ed] the well-established principle of joint and several liability.” 511 U.S. at 220.

Brotherhood of Maintenance of Way Employees, Brotherhood of Locomotive Engineers, Intervening v. Interstate Commerce Commission and United States of America, Grand Trunk Western Railroad Co. And Detroit, Toledo and Ironton Railroad Co. v. United States of America and Interstate Commerce Comm., Csx Corporation, Intervening

698 F.2d 315 · Court of Appeals for the Seventh Circuit · Jan 19, 1983

For a long time the Commission has clearly enunciated its view that those conditions are undesirable because anticompetitive, and that it will not continue to impose them routinely. 10 Indeed, in Rulemaking Concerning Traffic … Such agreements were thus shorn of the immunity from the Antitrust laws derived from Commission approval.

United States v. Reynold De La Torre

Court of Appeals for the Seventh Circuit · Oct 10, 2019

An error such as the one we have here “establishes a reasonable probability that a defendant will serve a prison sentence that is more than ‘necessary’ to fulfill the purposes of incarceration.” Rosales‐Mireles v. … Rush’s guilty plea Having found that Rush’s 2001 Indiana conviction does not qualify as a predicate felony drug offense, this error clearly affected Rush’s substantial rights.

Mary Scanlan v. Marshall Eisenberg

669 F.3d 838 · Court of Appeals for the Seventh Circuit · Jan 20, 2012

“Mere speculation is not enough to establish an injury in fact.” Id. … Clearly then, Comment b provides that a beneficiary of a discretionary trust whose rights are “adversely af- fected” has standing to enforce the trust.

Boone County Utiliti v. Branham Corporation

Court of Appeals for the Seventh Circuit · Oct 22, 2007

Generally speaking, courts have set out a number of requirements for a document to qualify as an informal proof of claim. … No. 06-3673 7 Proof of claim 16 is clearly untimely.

Thomas v. Cook County Sheriff's Department

588 F.3d 445 · Court of Appeals for the Seventh Circuit · Dec 1, 2009

The officers do not explain why the evidence, which clearly supports a finding of subjective knowledge, is legally insufficient. They only argue that it is “conflicting and specious.” … The Court noted that the jurors were not instructed on any affirmative defenses that the individual officer may have asserted, nor were they presented with any qualified immunity issues. Id. at 798 , 106 S.Ct. 1571 .

Nocula v. UGS CORP.

520 F.3d 719 · Court of Appeals for the Seventh Circuit · Mar 24, 2008

It is well established that a shareholder generally cannot sue to enforce the rights of the corporation. Franchise Tax Bd. of Cal. v. … The decision of a foreign sovereign to exercise its police power through the enforcement of its criminal laws plainly qualifies as an act of state.