Case law

Dennis Howell v. Louis W. Sullivan, M.D.

950 F.2d 343 · Court of Appeals for the Seventh Circuit · Nov 5, 1991

The AU clearly considered Howell’s work history in finding that he had not worked since November 23, 1984 and that he was unable to perform his past work as a bricklayer. … The AU’s remark regarding Howell’s “situational depression” was made while noting that there was no medical evidence in the record of depression that would qualify as an impairment.

Gattem, Srivenugopal v. Gonzales, Alberto R.

Court of Appeals for the Seventh Circuit · Jun 20, 2005

Illinois statute clearly satisfies [section 3509(a)(8)’s] definition as the respondent was convicted thereunder for persuading a minor to engage in sexual conduct. … The Board doesn’t have to repeat in a new case the principles it has established in previous ones.

Stelling v. G. W. Jones Lumber Co.

116 F. 261 · Court of Appeals for the Seventh Circuit · May 6, 1902

While its finding is not conclusive upon an appellate court, it is persuasive, and is not to be overthrown except upon a showing clearly disclosing error in fact. Harding v. Hart (C. C. A.) 113 Fed. 304 . … The purpose of section 2310 is to require that parties who transfer property shall accompany the transfer by the public indicia of such change, and that, if such indicia are ab•sent, they must be prepared to establish the

Boim, Stanley v. Holy Land Foundation

Court of Appeals for the Seventh Circuit · Dec 28, 2007

Circuit thought would be a stringent requirement of but-for causation, but it did so solely for purposes of establishing jurisdiction under the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(7) (“FSIA”). … Clearly, Boim I settles the question of “whether”; the problem arises on the question “under what circum- stances.”

Wilk v. American Medical Association

719 F.2d 207 · Court of Appeals for the Seventh Circuit · Dec 1, 1983

It is true that medical doctors are better qualified than most members of the public to form an opinion whether chiropractic poses a threat to public health, safety and welfare. … Insofar as the administrative or judicial processes are involved, actions of that kind cannot acquire immunity by seeking refuge under the umbrella of "political expression." 118 404 U.S. at 513 , 92 S.Ct. at 613 .

Koval, Marina v. Gonzales, Alberto R.

Court of Appeals for the Seventh Circuit · Aug 16, 2005

Vagil challenge the IJ’s denial of asylum on three grounds: (1) that past persecution was established based on Ms. … Vagil credibly testified to such a situation, but the IJ refused to permit them to develop the point with testimony that was clearly relevant.

William Franklin v. Jerry D. Gilmore

188 F.3d 877 · Court of Appeals for the Seventh Circuit · Aug 18, 1999

Hanks, 97 F.3d 887, 893 (7th Cir.1996) (“[Ojnly when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.”). … Therefore, Franklin’s ineffective assistance of counsel argument does not qualify as cause to set aside the procedural default of his due process claims.

United States v. Brian Thurman

889 F.3d 356 · Court of Appeals for the Seventh Circuit · May 2, 2018

As we have said, “no  one [is] more qualified than the dealer himself to put a num‐ ber on the amounts of [drugs] he was purchasing and resell‐ ing.”  Id.  … In order to establish construc‐ tive  possession,  the  Government  did  not  need  to  show  that  the guns were within his immediate reach. Both of Mr. 

In the Matter of Willis R. Gifford and Jacqueline M. Gifford, Bankrupts-Appellees, Appeal of Thorp Finance Corporation, Creditor-Appellant. United States of America, Intervenor-Appellee

688 F.2d 447 · Court of Appeals for the Seventh Circuit · Aug 18, 1982

IV 19 Section 522(f) quite clearly is valid under the due process clause. … A fair reordering such as this of the competing claims of creditors to available funds of a bankrupt should be immune to a taking challenge.

Roberto Silva v. James Read

Court of Appeals for the Seventh Circuit · Sep 8, 2022

Alternatively, the court stated, Read was shielded by qualified immunity because his actions had not violated a clearly established constitutional right—i.e., a right for Silva to be separated from Mills under the circumstances … Silva also challenges the district court’s conclusion that Read was entitled to qualified immunity.

Fonseca-Sanchez, Ame v. Gonzales, Alberto

Court of Appeals for the Seventh Circuit · Apr 13, 2007

If the applicant does not submit sufficient information to establish prima facie eligibility, or is otherwise determined to be ineligible for interim relief, the applicant receives a letter indicating the reason(s) that the … Therefore, her present petition for review clearly was filed before she had even received an answer from CIS, let alone exhausted that administrative process.

Generica Limited v. Pharmaceutical Basics, Inc.

125 F.3d 1123 · Court of Appeals for the Seventh Circuit · Sep 29, 1997

but whether the parties had committed then-best efforts to developing a product that would qualify. … A bioavailability or bioequivalence study is intended to establish that the properties of the new product are for all relevant purposes equivalent to those of the established referent drug in the United Kingdom.

Evelyn R. JONES, Plaintiff-Appellant, v. MERCHANTS NATIONAL BANK & TRUST COMPANY OF INDIANAPOLIS, Defendant-Appellee

42 F.3d 1054 · Court of Appeals for the Seventh Circuit · Dec 12, 1994

However, over this same time period, Jones failed to be promoted to other positions she felt entitled to and qualified for. … This concept also does not apply to Jones’ case because nowhere does she allege that MNB had an explicit, clearly conveyed policy of discriminating against blacks in promotion decisions.

Ray L. SMITH, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee

735 F.2d 267 · Court of Appeals for the Seventh Circuit · May 18, 1984

The medical evidence presented to the Administrative Law Judge (AU) established that Smith’s spinal injury resulted in partial paralysis of the arms and legs. … He clearly implied a finding that Smith has the capacity to perform sustained sedentary work within the meaning of Section 201.00 of the Medical-Vocational Guidelines. See 20 C.F.R. pt. 404, subpt.

United States v. Maurice Cooke

110 F.3d 1288 · Court of Appeals for the Seventh Circuit · Apr 9, 1997

In this vein, the First Circuit has found evidence that a defendant carried a briefcase containing a pistol and six pipe-bombs from his car to his garage clearly sufficient to support a conviction under § 924(c)(1)’s “carry … United States, 6 F.3d 468, 472-473 (7th Cir.1993)). 1 It is well established under Strickland v.

Smith v. Metropolitan School District Perry Township

128 F.3d 1014 · Court of Appeals for the Seventh Circuit · Oct 22, 1997

The majority clearly believes that the omission of “agent” from Title IX makes the statute narrower in scope than it would be if that term were included. … Moreover, the Ninth Circuit, in rejecting a claim of qualified immunity advanced by school district officials, also suggested that Title VII principles should apply to a sexual harassment claim advanced under Title IX.

Hernando Williams v. James Chrans and Neil F. Hartigan

945 F.2d 926 · Court of Appeals for the Seventh Circuit · Oct 1, 1991

Therefore, this exception is clearly inapplicable to capital cases. Butler, 110 S.Ct. at 1218 . … Moreover, the Court did not immunize victim impact statements from ha-beas review.

George Rosario v. Retirement Board of the Police

Court of Appeals for the Seventh Circuit · Feb 19, 2014

Even assuming that this establishes the first two elements of the officers’ equal protection  claim,  the  Board’s  decision  is  not  irrational.  … For the same reason, we need not address the affirma‐ tive defenses (raised by the defendants on appeal), including qualified and  absolute immunity, res judicata, and the Rooker‐ No. 13‐1615

Susan Grashoff v. David J. Adams

65 F.4th 910 · Court of Appeals for the Seventh Circuit · Apr 18, 2023

Applying the framework established in United States v. … Grashoff clearly does.

Thomas Barwin v. Village of Oak Park

54 F.4th 443 · Court of Appeals for the Seventh Circuit · Nov 22, 2022

“Something qualifies as a practice if it is shown to be the understood and accepted way of doing things over an ex- tended period of time.” … also Kenneth May, ed., Elkouri & Elkouri, HOW ARBITRATION WORKS, ch. 12.2 at 12–4 (8th ed. 2016) (quoting Celanese Corp. of Am., 24 LA 168, 172 (Justin, Arb.,1954) (a past practice generally must be “(1) unequivocal, (2) clearly