Case law

United States v. Martin A. "Marty" Sax, Cross-Appellee

39 F.3d 1380 · Court of Appeals for the Seventh Circuit · Jan 6, 1995

Contrary to the government’s assertions, we do not interpret any of these statements to be a definitive finding that Sax controlled the requisite number of participants to qualify him as an organizer or leader under § 3Bl.l … This was clearly erroneous. Cutkomp’s cash was the proceeds of his marijuana sales which *1394 flowed from the conspiracy in which Sax was still a member.

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).

Michael Baldigo v. Postmaster General of the United States of America

514 F.2d 142 · Court of Appeals for the Seventh Circuit · Apr 7, 1975

Thus, one who continuously solicits material and who equally continuously then seeks prohibitory orders might establish a sufficient pattern of abuse to deprive himself of the statutory protection. 21 In accordance with the … recipient of the materials and on this basis Defendant rescinded such Order; 29 (3) That the anti-pandering statutes show a conspicuous absence of the word 'solicited' as a means by which pornographic mailers could claim immunity

United States v. Bobby Cook and Laurell Cook

530 F.2d 145 · Court of Appeals for the Seventh Circuit · Jun 1, 1976

In the consent form she signed for the FBI, she clearly indicated that she considered the poultry house as belonging to her. … If the agent’s testimony is credited, Cook’s statement was clearly volunteered and not given in response to official interrogation.

State of Wisconsin v. Federal Energy Regulatory Commission

192 F.3d 642 · Court of Appeals for the Seventh Circuit · Sep 16, 1999

Clearly, Wisconsin’s concern is that further studies on fish entrainment in the Flambeau River might reveal that alternative or additional measures need to be taken. … Because Wisconsin does not have Article III standing, it does not qualify as an “aggrieved” party under § 313(b) of the FPA, 16 U.S.C. § 8251 (b).

54 Empl. Prac. Dec. P 40,157, 5 indiv.empl.rts.cas. 918 Marvin Rathert and Gary Zybak v. Village of Peotone, Warren Baker, Ronald Cramer, John Hall, James Janda, Thomas Tucker, Kenneth Eatinger, Richard Anderson, and Gary N. Bogart

903 F.2d 510 · Court of Appeals for the Seventh Circuit · Jun 1, 1990

The Court held that the hair length regulation clearly survived the plaintiff's constitutional challenge. … That dismissal has not been appealed 4 The district court, by disposing of the complaint on its merits by summary judgment, did not reach the issue of the qualified immunity of the defendants 5 The police officer in Etscheid

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.

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.

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.

Donald Hoagland, as Receiver of Midwest Transit, Inc. v. Sandberg, Phoenix & Von Gontard, P.C.

385 F.3d 737 · Court of Appeals for the Seventh Circuit · Sep 22, 2004

The word is not qualified. … You don’t buy immunity from suits for your torts by being a member of a business corporation or a member of a professional corporation.

Jennifer Venters v. City of Delphi and Larry Ives

123 F.3d 956 · Court of Appeals for the Seventh Circuit · Aug 19, 1997

But the evidence need not be this obvious to qualify as direct evidence. … The allegations of Venters' complaint quite clearly fall within the reach of the establishment clause as well as the free exercise clause, and Venters did not purport to limit her claims to one clause or the other.

Brandon, Michael v. Anesthesia & Pain

Court of Appeals for the Seventh Circuit · Jan 18, 2002

To the contrary, they have explicitly stated that it is a clearly established policy of Illinois to prevent its citizens from violating federal law and that the state’s public policy encourages employees to report suspected … People in Brandon’s position, who choose to raise their concerns privately within their firm or company, rather than publicly, simply do not qualify for the FCA claim.

United States v. Jorge Ramos Gonzalez

112 F.3d 1325 · Court of Appeals for the Seventh Circuit · May 6, 1997

Section 2L1.2 of the Sentencing Guidelines establishes a base offense level of 8 for illegal reentry into the United States. U.S.S.G. § 2L1.2(a). … The language of Application Note 7 clearly intends the explicit 15-year limit to refer only to convictions under foreign law.

Lamers Dairy Incorporated v. United States Department of Agriculture

379 F.3d 466 · Court of Appeals for the Seventh Circuit · Aug 13, 2004

The AMAA charges the Secretary of Agriculture with establishing and maintaining orderly marketing conditions so as to establish parity prices to farmers. See 7 U.S.C. § 602 (1). … Fourth, the arrangements between large processors and other plants enable additional plants to qualify for the order and constitute efficient systems of supply in the market.

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.

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

Central States, Southeast & Southwest Areas Pension Fund v. Nitehawk Express, Inc.

223 F.3d 483 · Court of Appeals for the Seventh Circuit · Aug 4, 2000

Specifically, Congress established three conditions for exemption. First, the buyer must assume an obligation to make contributions to the plan at substantially the same level as the seller’s contribution. … In the present case, the Fund explains that it did not view Transfer’s withdrawal as causing the required three-year drop in contributions to qualify as a partial withdrawal.

United States v. Hatten-Lubick, Micha

Court of Appeals for the Seventh Circuit · May 12, 2008

If there are two permissible views of the evidence, the fact finder’s choice between them is not clearly erroneous. Hickok, 77 F.3d 992. … No. 06-4310 9 The imposition of the enhancement was not clearly errone- ous.

Davidson v. Canteen Corp.

957 F.2d 1404 · Court of Appeals for the Seventh Circuit · Mar 18, 1992

In 1985 Canteen established a retirement plan covered by ERISA (“the plan”). … Notice 88-131, 1988- 2 C.B. 546 (1988). .Moreover, 26 U.S.C. § 401 (a)(17) provides that no qualified pension plan can take into account compensation over $200,000 in any employee’s compensation base.

Jerry Wilson v. Dan Cromwell

69 F.4th 410 · Court of Appeals for the Seventh Circuit · Jan 23, 2023

See, e.g., Lee, 750 F.3d at 693 (holding that the Allen rule “clearly served as an inde‐ pendent basis for the court’s denial of [petitioner’s] motion”); Triplett v. … We further hold that Wallace’s testimony does not suffi‐ ciently establish Wilson’s actual innocence.