Case law

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

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

Ca 79-2913 United States Steel Corporation, and Youngstown Sheet and Tube Company v. United States Environmental Protection Agency

605 F.2d 283 · Court of Appeals for the Seventh Circuit · Aug 1, 1979

The exception was broadened by the elimination of this qualifying language. … The EPA has clearly adopted the latter approach.

Deluxe Ice Cream Co. v. R.C.H. Tool Corp.

726 F.2d 1209 · Court of Appeals for the Seventh Circuit · Jan 30, 1984

While these cases do not delineate any differences between the “transaction of any business” test of the long-arm statute and the minimum contacts test of due process, they do indicate that, to qualify as a transaction of … magistrate concluded that “[t]he mere fact that all or almost all of the corporate stock is owned by one individual does not afford sufficient grounds for disregarding corporate entities unless combined with other facts to clearly

Larry D. Drake and Rosalie E. Drake v. Minnesota Mining & Manufacturing Company

134 F.3d 878 · Court of Appeals for the Seventh Circuit · Jan 21, 1998

It is no less essential that the parties clearly inform this Court of the particulars that support our jurisdiction, as the Circuit Rules require. See Stanley, 965 F.2d at 203-04 . … While the Drakes argue that Shevely’s long tenure at 3M’s plant qualifies him to make the assertions contained in his affidavit, this argument misapprehends Rule 56(e)’s requirements.

Evans, Michael v. City of Chicago

Court of Appeals for the Seventh Circuit · Jan 23, 2008

In 2006, we affirmed the district court’s denial of the police officer defendants’ motion for summary judg- ment based on their claim of qualified immunity. Evans v. Katalinic, 445 F.3d 953 (7th Cir. 2006). … The case was then stayed until May 1 during the qualified immunity appeal. 1 (...continued) Burge’s command.)

Torrington Company v. Local Union 590 Of The International Union

803 F.2d 927 · Court of Appeals for the Seventh Circuit · Oct 20, 1986

Article X of CBA, denied Torrington's request for a preliminary injunction. 13 At trial Torrington continued to maintain that the issue was arbitrable under Article X of the CBA, though it was evident it would attempt to establish … for Appeals by Applicants," but 5(b) provides: 35 (b) In ruling upon appeals, the Board shall have no authority to waive, vary, qualify or alter in any manner the eligibility requirements set forth in the Plan, the procedure

Johnson v. City of Fort Wayne

91 F.3d 922 · Court of Appeals for the Seventh Circuit · Jul 31, 1996

In order to establish a prima facie ease under McDonnell Douglas, Mr. … Johnson was also qualified for the position, is insufficient to cast doubt on the defendants’ proffered reason.

EEOC v. Sidley, Austin

Court of Appeals for the Seventh Circuit · Oct 24, 2002

To be able to establish that the firm had violated the ADEA, there- fore, the Commission would have to show that the 32 partners were employees before their demotion. … At the same time he was making clear that label- ing an enterprise that does not have the structure, the character, of the traditional partnership will not immunize it from the statute.

United States v. Ervin, James

Court of Appeals for the Seventh Circuit · Sep 2, 2008

Instead, the defendant must establish that the denial of severance actually prejudiced him by preventing the jury from arriving at a reliable judgment as to guilt or innocence. … Livingston, 443 F.3d 1211, 1225-26 (10th Cir. 2006) (stating that district court’s failure to hold evidentiary hearing on issue of removal was harmless where evidence clearly supported removal: “In our view, to reverse and

Roxana Petroleum Corp. v. Bollinger

54 F.2d 296 · Court of Appeals for the Seventh Circuit · Dec 11, 1931

Ed. 432 , where it is stated: “The rule is firmly established that taxes voluntarily paid cannot be recovered back, and payments with knowledge and without compulsion are voluntary.” … These facts clearly indicate appellant’s unqualified willingness at time of payment to pay the tax in question without reservation.

Indiana ex rel. United States v. Killigrew

117 F.2d 863 · Court of Appeals for the Seventh Circuit · Feb 12, 1941

The court, in reversing the Trial Court, and allowing recovery, 268 Ill. on page 513, 109 N.E. on page 337, said: “The decision of the court in the Mulcrevy case clearly determines two points, viz.: (1) That the fees received … the Constitution or legislation of the state. ifi i{<” There is another line of cases which affords support to plaintiff’s position, and they are to the effect that Constitutional power, when the text is doubtful, may be established

Delvin C. Payton v. County of Carroll

473 F.3d 845 · Court of Appeals for the Seventh Circuit · Jan 18, 2007

Under Landgraf , the court first looks to see whether the legislature clearly indicated what the temporal reach of the new law should be. … No plaintiffs claim could be, or is, typical of so broad a class as plaintiffs seek to establish.

United States v. John Wysinger

683 F.3d 784 · Court of Appeals for the Seventh Circuit · Jun 22, 2012

The agent thus continued to draw a distinction between “questioning” and “advice,” both of which qualify as interrogation under well-established standards when the “advice” is likely to elicit an incriminating response. … The government asserts that, even absent the video, the evidence at trial establishing Wysinger’s guilt was “overwhelming.”

United States v. Hankton, Clarence

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

Martinez, 289 F.3d 1023, 1028-29 (7th Cir. 2002) (holding that reliability may be established by corroborating evidence). … [t]he telephone calls clearly establish that . . . . [t]hey show his concern for the organization itself, its image.”

John Doe, Cross-Appellants v. United States of America, Cross-Appellee

976 F.2d 1071 · Court of Appeals for the Seventh Circuit · Jan 21, 1993

This outdated conception clearly is untenable today. See, e.g. Bullard v. … The district court’s statements indicate that, had the plaintiffs more clearly established some sort of link between the children’s behavior and the abuse, the damages awards would have been greater.

Robert DENISI, Plaintiff-Appellant, v. DOMINICK’S FINER FOODS, INC., Defendant-Appellee

99 F.3d 860 · Court of Appeals for the Seventh Circuit · Nov 1, 1996

The court concluded that the record established that Mr. … Denisi had not established comparability.

United States v. Armelio De La Cruz

870 F.2d 1192 · Court of Appeals for the Seventh Circuit · Feb 28, 1989

The precedents in this Circuit establish that under limited circumstances, it is proper to pursue the goal of general deterrence in sentencing, provided this goal is tempered by consideration of the defendant’s individual … If the client was not found to be eligible for Criminal Justice Act representation in the district court but appears to qualify on appeal, trial counsel must immediately assist the client in filing a motion to proceed as

Dorothy Gautreaux v. Chicago Housing Authority, a Corporation, and Joseph Shuldiner, Executive Director, in His Official Capacity

178 F.3d 951 · Court of Appeals for the Seventh Circuit · Jun 22, 1999

First, Motorola established that a modification (however labeled) occurs only when a court substantially alters the pre-existing legal relationship of the parties. 739 F.2d at 1155 . … Whether the district court grants or denies the requested modification or termination, the resulting order is clearly appealable under § 1292(a)(1).

United States v. Charles J. Schwarz, and Fremont C. Woller

460 F.2d 1365 · Court of Appeals for the Seventh Circuit · Jun 19, 1972

in this ease, the briefs filed by all parties and the oral argument had on this appeal, we find and conclude that the facts as found by the district court are amply supported by the evidence and may not be set aside as clearly … It has long been established that Indian reservation land is not public land. Leavenworth, etc., R.R. Co. v. United States, 92 U.S. 733, 746-747 , 23 L.Ed. 634 (1875); Minnesota v.