Case law

Meixiang Cui v. Merrick B. Garland

Court of Appeals for the Seventh Circuit · Jun 21, 2023

. § 208.13(b)(1). 3 The applicant bears the burden of establishing that she is a qualifying refugee. 8 U.S.C. § 1158(b)(1)(B)(i). … Thus, Cui has not met her burden to establish eli- gibility for asylum.

Steven Brye v. William Brakebush, Nancy Brakebush, Carl Brakebush, and Brakebush Brothers, Inc.

32 F.3d 1179 · Court of Appeals for the Seventh Circuit · Aug 22, 1994

It is well established in Wisconsin law that a judgment on the merits may be entered without a trial. De Pratt, 334 N.W.2d at 885 ; A C Storage Co. v. … To qualify as a judgment on the merits under Wisconsin law, however, the court order of dismissal must be intended as a final determination of the rights of the parties. Werner v.

Meixiang Cui v. Merrick B. Garland

Court of Appeals for the Seventh Circuit · Jun 20, 2023

. § 208.13(b)(1). 3 The applicant bears the burden of establishing that she is a qualifying refugee. 8 U.S.C. § 1158(b)(1)(B)(i). … Thus, Cui has not met her burden to establish eli- gibility for asylum.

Alto Dairy v. Veneman, Ann

Court of Appeals for the Seventh Circuit · Jul 15, 2003

If it does sell 30 percent there, however, its entire output, not just the 30 percent, qualifies for the region’s blended price. … This provision, as the Court remarked in Darby, “by its very terms, has limited the availability of the doctrine of ex- haustion of administrative remedies to that which the statute or rule clearly mandates.” 509 U.S. at

United States v. Jay Liestman

Court of Appeals for the Seventh Circuit · Apr 8, 2024

Even if such a difference could be posited in the abstract, accessing child pornography still clearly bears the requisite connection to the possession or receipt of child pornography. … In short, there is inevitably a zone within which the de- regulatory framework established by the federal Act must be free to reign, and a space beyond that line in which state law is free to continue to operate.

Jose Cisneros v. Loretta Lynch

Court of Appeals for the Seventh Circuit · Aug 25, 2016

This  is  a  regulation  formally  promulgated  through  statutory authority, and so it qualifies for Chevron deference.  … United  States,  495  U.S.  575  (1990)  (establishing  a  categorical  approach  to  classify  state  crimes);  Shepard  v. 

Bell, Theodore v. Pierson, Mark A.

Court of Appeals for the Seventh Circuit · Sep 10, 2001

As the Supreme Court has explained, a state court decision is "contrary to" clearly established Supreme Court precedent "if the state court applies a rule that contradicts the governing law set forth in [Supreme Court] cases … If the case falls under the "contrary to" clause of sec. 2254(d)(1), then we review the state court decision de novo to decide what is clearly established law as determined by the Supreme Court and whether the state court

Meixiang Cui v. Merrick B. Garland

Court of Appeals for the Seventh Circuit · Jun 20, 2023

. § 208.13(b)(1). 3 The applicant bears the burden of establishing that she is a qualifying refugee. 8 U.S.C. § 1158(b)(1)(B)(i). … Thus, Cui has not met her burden to establish eli- gibility for asylum.

National Labor Relations Board v. Colonial Haven Nursing Home, Inc.

542 F.2d 691 · Court of Appeals for the Seventh Circuit · Oct 22, 1976

The record does establish that the employees accepted Potterton’s representations. … Although the document clearly qualifies as an answering brief under 29 C.F.R. §§ 102.45 (b), 102.46(b), (c), (d), and (j), and 102.48(b) and (c), it is difficult to characterize the document as one complying with 29 C.F.R

Ali, Ahmed v. Achim, Deborah

Court of Appeals for the Seventh Circuit · Nov 6, 2006

An interpretation that requires the Attorney General and his agents to sift through each state’s code and prospec- tively identify by regulation every single crime that would qualify as “particularly serious” would impose … But the absence of a similar provision for nonaggravated-felony crimes does not imply that only aggravated felonies can qualify as “particularly serious” crimes.

Meixiang Cui v. Merrick B. Garland

Court of Appeals for the Seventh Circuit · Jun 21, 2023

. § 208.13(b)(1). 3 The applicant bears the burden of establishing that she is a qualifying refugee. 8 U.S.C. § 1158(b)(1)(B)(i). … Thus, Cui has not met her burden to establish eli- gibility for asylum.

Kenneth ORLANDO, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-Appellee

776 F.2d 209 · Court of Appeals for the Seventh Circuit · Nov 5, 1985

judge determined that Orlando’s IQ test scores, “indicate that the claimant would have some difficulty processing verbal and numerical data but he could perform simple unskilled tasks and his mental and emotional problems clearly … Thus, there is substantial evidence in the record to support the administrative law judge’s finding that Orlando failed to establish a “marked restriction of daily activities and constriction of interest and seriously impaired

Steven Lauth v. Covance, Inc.

863 F.3d 708 · Court of Appeals for the Seventh Circuit · Jul 13, 2017

That history clearly demonstrates that Covance was not satisfied with Lauth’s job performance. … Lauth’s discharge, on the other hand, clearly constitutes an adverse employment action.

United States v. Rahshone Burnett

805 F.3d 787 · Court of Appeals for the Seventh Circuit · Oct 13, 2015

“Offenses that do not qualify as part of a  common scheme or plan may nonetheless qualify as part of  the same course of conduct if they are sufficiently connected  or  related  to  each  other  as  to  warrant  the  conclusion … The government  must  establish  relevant  conduct  by  a  preponderance  of  the  evidence. Baines, 777 F.3d at 963. 

American Automotive Accessories, Incorporated and Emalfarb Investment Corporation v. Alan Fishman

175 F.3d 534 · Court of Appeals for the Seventh Circuit · Apr 23, 1999

During discovery, Joe Lewis signed an affidavit in which he denied having any knowledge of or involvement in establishing a check-cashing scheme. … The proponent of the out-of-court statement bears the burden of showing that the statement qualifies under Rule 804(b)(3). United States v. Nagib, 56 F.3d 798, 804 (7th Cir.1995) (citing United States v.

National Labor Relations Board v. Chicago Health & Tennis Clubs, Inc., National Labor Relations Board v. Saxon Paint & Home Care Centers, Inc.

567 F.2d 331 · Court of Appeals for the Seventh Circuit · Jan 6, 1978

Although Board determinations are subject to limited review, they are not immune from judicial scrutiny. … The evidence in the record clearly establishes that Saxon is a highly integrated operation. Each Saxon store is similar in all respects to each of the other Saxon stores in Cook County.

Susan E. Hess v. Hartford Life & Accident Insurance Company

274 F.3d 456 · Court of Appeals for the Seventh Circuit · Dec 13, 2001

Hess’s 1996 contract clearly states that the draw system was to be phased out as of April 5. … The Hartford policy states that “[i]f [Fleet] gives The Hartford any incorrect information, the relevant facts will be determined” to establish the correct benefit amount.

Juana GONZALEZ, Plaintiff-Appellant, v. INGERSOLL MILLING MACHINE COMPANY, Defendant-Appellee

133 F.3d 1025 · Court of Appeals for the Seventh Circuit · Jan 14, 1998

On October 17, 1994, Gonzalez was recalled as an F-12 Panel Wire Assembler in Ingersoll’s Pike Road box subassembly plant because the F-12 classification for electrical assemblers had been eliminated and Gonzalez was not qualified … Gonzalez failed to establish a prima facie case of discrimination.

United States v. Owens, Antonio

Court of Appeals for the Seventh Circuit · Sep 21, 2005

The picture clearly portrays Owens as a prisoner in police custody. … Clearly Owens was the only one in the lineup of prisoners who had any concern with the purpose of the lineup. As the Supreme Court recognized in Estelle v.

United States ex rel. Johnson v. Goldstein

158 F.2d 916 · Court of Appeals for the Seventh Circuit · Jan 7, 1947

The court further stated (326 U.S. p. 228, 66 S.Ct. 80 ): “Of course the mere fact that false •swearing is an incident to the obstruction ■charged does not immunize the culprit from contempt proceedings. * * * Here there … was, at best, no element except perjury ■ ‘clearly shown.’ ” Thus it appears to have been definitely settled that an obstruction to the administration of justice cannot be produced solely by perjured testimony even though