Case law

Megan Passarella v. Aspirus, Inc.

Court of Appeals for the Seventh Circuit · Jul 29, 2024

(“Throughout his Request, Brown clearly demonstrates that his primary concern about the [vac- cination] Policy is the potential harms of the vaccine and his lack of personal autonomy under the mandate, rather than the religious … Passarella’s assertion that her G-d given conscience led her to conclude that she should not be immunized for COVID-19 vaccine was not sufficient to put Aspirus on notice that her objection to the vaccine was grounded in

Sandra Dottenwhy v. Aspirus, Inc.

Court of Appeals for the Seventh Circuit · Jul 29, 2024

(“Throughout his Request, Brown clearly demonstrates that his primary concern about the [vac- cination] Policy is the potential harms of the vaccine and his lack of personal autonomy under the mandate, rather than the religious … Passarella’s assertion that her G-d given conscience led her to conclude that she should not be immunized for COVID-19 vaccine was not sufficient to put Aspirus on notice that her objection to the vaccine was grounded in

New Burnham Prairie Homes, Inc. v. Village of Burnham

910 F.2d 1474 · Court of Appeals for the Seventh Circuit · Aug 21, 1990

Our standard for dealing with a grant of summary judgment is also well established. … Accordingly, the plaintiffs must establish two elements: that “the conduct complained of was committed by a person acting under color of state law”; and that “this conduct deprived a person of rights, privileges, or immunities

United Chromium, Inc. v. Kohler Co.

159 F.2d 979 · Court of Appeals for the Seventh Circuit · Feb 8, 1947

established prior invention by Udy, as the court termed it, “a complete and scientific disclosure.” … Elsewhere in his *984 reports and application he disclosed clearly that it is essential to control the proportionate contents of the solution.

Sam Giardono v. George M. Jones

867 F.2d 409 · Court of Appeals for the Seventh Circuit · Feb 1, 1989

The district court held that the evidence did not establish a contract, and therefore, the defendant Jones was not bound by the obligations of the area master collective bargaining agreement. … Since the union was not a party to the action, it was clearly not an abuse of discretion to dismiss the claims.

United States v. Jeffrey Heckel

Court of Appeals for the Seventh Circuit · Jun 22, 2009

use of an Internet auction is a means of “solicitation . . . to induce a large number of persons to . . . purchase goods or services,” we need not address the gov- ernment’s alternative argument that such an auction also qualifies … But a wide range of conduct is relevant at sentencing—including uncharged conduct and charges of which the defendant was acquitted—so long as that conduct is established by a preponderance of the evi- dence.

South Holland Metal Finishing Company v. Carol Browner, Administrator, United States Environmental Protection Agency

97 F.3d 932 · Court of Appeals for the Seventh Circuit · Oct 3, 1996

To this end, Congress established a comprehensive regulatory scheme to control the direct and indirect discharge of waste and pollutants into navigable waters. … In considering Section 509(b)(1) as a possible source of jurisdiction, the court observed that none of its provisions allowing for judicial review were clearly applicable to a category determination.

United States v. Gary Ranum

96 F.3d 1020 · Court of Appeals for the Seventh Circuit · Sep 25, 1996

He withdrew from the program after four months when it became clear that he could not qualify for financial assistance. … Department of Education to establish eligibility for such a loan.

United States v. Kenneth L. Thomas

934 F.2d 840 · Court of Appeals for the Seventh Circuit · May 30, 1991

Even if we were to conclude that a defendant had a right to reject probation, that right would be qualified, not absolute. … The record, however, in no way supports this interpretation; the district court clearly intended to impose a sentence greater than a thirty-day period of incarceration. 8 . Cf. Esquivel v.

United States v. Ronald Snook

366 F.3d 439 · Court of Appeals for the Seventh Circuit · Apr 23, 2004

recognizing the fiduciary nature of the “trust” relationships set forth as examples in the commentary' — i.e., attorney/client, bank executive/bank client, and doctor/patient relationships — courts have emphasized that, to qualify … Falk, 5 F.3d 210, 213 (7th Cir.1993) (“In order to establish evidence of a fiduciary relationship, the plaintiff must show [first] that she reposed confidence in the defendant .... ”).

United States v. Abbas

560 F.3d 660 · Court of Appeals for the Seventh Circuit · Mar 26, 2009

While we agree that impersonation of a public official is not action “under color of official right” (and thus does not qualify for treatment under § 2C1.1), we find that the sentencing error was harmless and that Abbas’s … Abbas urges us to adopt the position that under the review procedures established in Gall , a district court’s procedural error can never be harmless and therefore always requires remand.

United States v. Rashid Bounds

826 F.3d 363 · Court of Appeals for the Seventh Circuit · Jun 10, 2016

The district court was correct to admit the traffic stop evi- dence because it was clearly relevant as it helped to establish the government’s theory that Price headed a conspiracy to dis- tribute heroin based out of Up Top … Surveillance ev- idence had already established the presence of the defendants at Up Top, and the co-conspirators’ testimony had established their involvement in the conspiracy.

Mautz & Oren, Inc. v. Teamsters, Chauffeurs, And Helpers Union, Local No. 279

882 F.2d 1117 · Court of Appeals for the Seventh Circuit · Aug 11, 1989

If a valid reserve gate system is established and maintained, and the union continues to picket a gate used exclusively by neutrals, this would establish that the union is not limiting its picketing "to places reasonably … Most prominently, the company argues that an unlawful secondary objective is established by the fact that the Union picketed the "neutral" gate after a valid reserved gate system had been established.

Dean Foods Company v. Ben Brancel, Secretary of the Wisconsin Dept. Of Agriculture, Trade and Consumer Protection

187 F.3d 609 · Court of Appeals for the Seventh Circuit · Aug 3, 1999

First, we analyze the Eleventh Amendment sovereign immunity defense Wisconsin offers. … Wisconsin courts do not depart from this well-established canon. See State v.

Central Ry. Signal Co. v. Longden

194 F.2d 310 · Court of Appeals for the Seventh Circuit · Mar 14, 1952

However, the record does not disclose any such duress, It does establish that Sadacca was endeavoring to find a purchaser and nothing more. … Inasmuch as plaintiff is qualified to sue, the standing of the shareholders is immaterial.

CE Design, Ltd. v. PRISM BUSINESS MEDIA, INC.

606 F.3d 443 · Court of Appeals for the Seventh Circuit · May 27, 2010

Because CE Design characterizes itself as a business subscriber, it argues that its relationship with Prism does not qualify as an EBR. … Still others clearly state that no FCC deci- sion governed the matter. See, e.g.,Verizon New Eng., Inc. v. Me. Pub. Util. Comm’n, 509 F.3d 1, 11 (1st Cir. 2007); TCG N.Y., Inc. v.

Merk v. Jewel Food Stores Division of Jewel Companies, Inc.

945 F.2d 889 · Court of Appeals for the Seventh Circuit · Sep 27, 1991

The CBA established wage rates, vacation leave and other terms of employment for the duration of the contract. … Yet Jewel has failed to demonstrate any established history of non-ratification of substantial terms of the labor contract.

John Williams v. Excel Foundry & MacHine Inc.

489 F.3d 309 · Court of Appeals for the Seventh Circuit · Jun 1, 2007

The Americans with Disabilities Act (“ADA”) prohibits discrimination against “a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement … Therefore, our inquiry begins by assessing whether Williams has established that he is disabled within the meaning of the ADA. Burnett v. LFW Inc., 472 F.3d 471, 483 (7th Cir.2006).

United States v. Steven E. Brown and Gary L. Knox

47 F.3d 198 · Court of Appeals for the Seventh Circuit · Feb 7, 1995

Thus the district court did not clearly commit error in grouping the counts. See United States v. White, 888 F.2d 490 (7th Cir.1989). … Acceptance of Responsibility The district court concluded that the defendants did not qualify for a two-level reduction in offense level for acceptance of responsibility under § 3E1.1.

Gayratjon Gulomjonov v. Pamela J. Bondi

Court of Appeals for the Seventh Circuit · Mar 19, 2025

In the single page of his brief devoted to this argument, he asserts summarily that the evidence shows “various forms of abuse” and “clearly establish[es] that ethnic 4 In an undeveloped argument, Gulomjonov briefly mentions … 18 No. 21-2844 required to qualify for withholding of removal.