Case law

Lora S. Ilhardt v. Sara Lee Corporation, a Maryland Corporation

118 F.3d 1151 · Court of Appeals for the Seventh Circuit · Jun 26, 1997

She did not accept the new job, however, as she did not consider herself qualified for some of its duties and as the job required extensive travel, which she preferred not to do. … The unrefuted evidence clearly shows, however, that her position was eliminated as part of the RIF in June, although she was allowed to continue working until she took her maternity leave in October.

United Thermal Industries, Inc. v. Asbestos Training & Employment, Inc.

920 F.2d 1345 · Court of Appeals for the Seventh Circuit · Jan 30, 1991

But “[o]n the other hand, the same language could support the conclusion that A.T.E.I. was simply to provide a trained, qualified labor force to work on the project described in the agreement.” Id. … In addition, and more important than his oral comments, the magistrate’s written findings clearly indicate that he found the requisite ambiguity. Mem. and Order at 8-9. III.

Brenda Parker v. David Loyal

Court of Appeals for the Seventh Circuit · Jul 5, 2018

This  also meant that the officers were entitled to qualified immunity, the judge concluded;  the officers had not violated any clearly established constitutional or statutory rules  against failing to stop a private repossession … Although the defendants have raised qualified  immunity as a defense, we do not resolve the appeal on that ground, as the officers did  not violate Parker’s due‐process rights. See Plumhoff v. Rickard, 134 S. 

King v. General Electric Co.

960 F.2d 617 · Court of Appeals for the Seventh Circuit · Mar 30, 1992

A plaintiff must ‘establish a prima facie case that such a [discriminatory] policy existed.’ … Because a judge tries Title VII cases, we review those verdicts under a clearly erroneous standard. Sears, 839 F.2d at 309 .

Mary Thompson Hospital, Inc. v. National Labor Relations Board, Local 399, International Union of Operating Engineers, Intervening

621 F.2d 858 · Court of Appeals for the Seventh Circuit · Mar 5, 1980

Training and Maintenance: Worker must have progressive experience as a fireman, stationary boiler and in tending various types of smaller and lower pressure boilers before qualifying for tending boilers of specific horsepower … Clearly, this statement specifically contravenes the holding in St.

71 Fair empl.prac.cas. (Bna) 1154, 68 Empl. Prac. Dec. P 44,269 Roy Johnson v. City of Fort Wayne, Indiana, Fort Wayne Fire Department of City of Fort Wayne, Indiana, Paul W. Helmke, as Mayor of the City of Fort Wayne, Indiana

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

Barnes' affidavit clearly states, however, that it is the rank held by Mr. Johnson during the antecedent year--1992--that determines the grade at which his vacation pay ought to have been paid. … Johnson was also qualified for the position, is insufficient to cast doubt on the defendants' proffered reason.

In the Matter of Chicago, Milwaukee, St. Paul & Pacific Railroad Company, Debtor. Appeal of United States of America, Soo Line Railroad, Intervening-Respondent

830 F.2d 758 · Court of Appeals for the Seventh Circuit · Sep 28, 1987

The Bankruptcy Act clearly commands that "[c]laims which are not filed [whether timely or otherwise] ... shall not be allowed." 11 U.S.C. … CONCLUSION 48 The government is entitled to interest on its tax claim at the rate established in the modified 1985 Plan approved by the reorganization court.

Margarito Castanon Nava v. U.S. Department of Homeland Security

Court of Appeals for the Seventh Circuit · Dec 12, 2025

Texas, 563 U.S. 277, 284 (2011) (state sovereign immunity is waivable). … Wengler, 822 F.3d 1085, 1098 (9th Cir. 2016) (“Under well established law, substantial violation of a court order constitutes a significant change in factual circumstances.”).

Mueller Co. v. Federal Trade Commission

323 F.2d 44 · Court of Appeals for the Seventh Circuit · Oct 21, 1963

The Commission found that petitioner failed to establish that defense of 'cost justification.' … Only to the extent that a buyer actually performs certain functions, assuming all the risks and costs involved, should he qualify for a compensating discount.

Venturelli, Celena v. ARC Comm Services

Court of Appeals for the Seventh Circuit · Jul 16, 2003

Indirect Method Under the indirect method of proof, a plaintiff must first establish a prima facie case of discrimination. … Clearly ARC wanted to hire Venturelli as the ad- ministrative assistant. However, Collins’ ramblings about motherhood apparently reduced or even eliminated Venturelli’s desire to accept a permanent job at ARC.

United States v. Sorich

523 F.3d 702 · Court of Appeals for the Seventh Circuit · Apr 15, 2008

If Congress desires to go further, it must speak more clearly than it has. Congress then spoke. … Showing misuse for private gain means showing an intent to reap private gain; it is well established that a fraudulent scheme that does not actually cause harm is still actionable. See Durland v.

White, Earnest L. v. United States

Court of Appeals for the Seventh Circuit · Jun 15, 2004

a later appeal . . . unless: (1) a subse- quent trial produces substantially different evidence, (2) controlling authority has since made a contrary decision of law applicable to the issue, or (3) the prior decision was clearly … The question before us is a narrow one: is White’s current effort to file a successive § 2255 motion absolutely barred because he has already presented this claim in something that qualifies as a prior “application” for purposes

Robert Tatum v. Earnell Lucas

Court of Appeals for the Seventh Circuit · Nov 10, 2022

The district court concluded that the defendants did not violate Tatum’s rights in these instances and that, even if they did, they were entitled to qualified immunity because they did not violate clearly established law. … Tatum does not challenge the No. 22-1069 Page 8 qualified-immunity rulings on appeal.

United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union v. National Labor Relations Board

544 F.3d 841 · Court of Appeals for the Seventh Circuit · Sep 15, 2008

Instead, the employer may postpone reinstatement of these employees until positions become available for which they are qualified. Mackay Radio, 304 U.S. at 345-46 , 58 S.Ct. 904 . … The at-will disclaimer in the form, clearly the most significant piece of evidence that might have supported a contrary determination, was construed reasonably by the Board as not allowing Jones Plastic to terminate the replacements

Carol D. Patkus v. Sangamon-Cass Consortium, Sangamon County, Cass County, and Richard Austin, Individually and in His Official Capacity

769 F.2d 1251 · Court of Appeals for the Seventh Circuit · Aug 7, 1985

Informing an entire Advisory Council of important matters relating to the program it oversees would clearly be action similar to that of sending the telegram. … The question before this court is whether this occurrence would qualify as a “factor other than sex” justifying the pay differential. We are aware of no case that has addressed a similar situation.

United States v. National City Lines, Inc.

186 F.2d 562 · Court of Appeals for the Seventh Circuit · Jan 31, 1951

At least the evidence submitted to the jury in this respect was clearly adequate to support its verdict. … Thus City Lines offered the testimony of a qualified expert to the effect that financing of customers by suppliers had long been a customary and accepted practice in American business.

National Labor Relations Board v. Transport Service Company

973 F.2d 562 · Court of Appeals for the Seventh Circuit · Aug 26, 1992

The Union has not alleged that Transport bargained in bad faith. 5 On January 4, 1987, the unit employees began an economic strike and established a picket line. … Nevertheless, the ALJ concluded that both Anderson and DeMoss were qualified to be utilitymen but that no evidence indicated that Norwood was similarly qualified.

United States v. David Sromalski

318 F.3d 748 · Court of Appeals for the Seventh Circuit · Feb 7, 2003

We defer to the court’s findings of fact unless they are clearly erroneous. United States v. McGiffen, 267 F.3d 581, 586 (7th Cir.2001). … The Eleventh Circuit has recently ruled that evidence of receiving and sending pornographic images is sufficient to qualify as “trafficking” for purposes of the cross reference. See United States v.

Associated Press v. Ron Neal

Court of Appeals for the Seventh Circuit · Jun 5, 2026

They alleged that Indiana’s policy violates their qualified First Amendment right of access to certain government proceedings. … Second, public access to executions does not clearly play a “significant positive role in the functioning” of the process. Id. at 8.

United States v. Girtha L. Gulley

992 F.2d 108 · Court of Appeals for the Seventh Circuit · Apr 22, 1993

In the instant case, however, jurisdictional defects prevent us from addressing the issue of whether perjury may qualify as an aberrant act justifying a downward departure. … However, the government has the burden of producing evidence of the scope of the investigation to establish the relationship between the defendant’s false statement and the grand jury’s investigation.