Case law

Davis, Deidre v. Cook County

Court of Appeals for the Seventh Circuit · Jun 28, 2006

402, 406 (7th Cir. 1992) (affirming the denial of defendants’ motion for summary judgment and explaining that “[a]t trial the defendants may be able to adduce various defenses, but they may not now avoid suit under the qualified … immunity doctrine on the record as it now exists”).

Tao Chen v. Loretta E. Lynch

810 F.3d 466 · Court of Appeals for the Seventh Circuit · Jan 8, 2016

On March 25, 2015, the Board affirmed the IJ’s decision in  all  material  respects,  holding  that  the  IJ’s  findings  of  fact  were not “clearly erroneous.” This appeal follows.  II.  … Withholding of Removal  To qualify for withholding of removal, an applicant must  “demonstrate[s]  a  clear  probability  of  persecution  on  ac‐ count of a protected ground, in this case, political opinion.” 

Robert DeLee v. City of Plymouth, Indiana

773 F.3d 172 · Court of Appeals for the Seventh Circuit · Dec 9, 2014

USERRA accomplishes these goals by prohibiting an employer from discriminat- ing against a servicemember because of his service (§ 4311), requiring prompt reemployment of a returning servicemember (§§ 4312, 4313(a)), establishing … The district court concluded that the longevity rate (i.e., the number of years of employment by which $225 is multi- plied) “is plainly a seniority benefit,” but that the longev- ity amount “is clearly intended to be compensation

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.

Diesel Service Company v. Ambac International Corporation

961 F.2d 635 · Court of Appeals for the Seventh Circuit · Apr 8, 1992

The court examined the legislative history and held that “this, then, clearly establishes the legislature’s intent to make the WFDL apply exclusively to dealerships that do business within the geographic confines of Wisconsin … They clearly “do business” in Wisconsin, unlike the dealer in Swan. While most of the dealership is not located in Wisconsin, clearly a part of the dealership is.

United States v. Vitrano, Thomas P.

Court of Appeals for the Seventh Circuit · Jul 19, 2007

Unsuccessful in persuading the district court that Vitrano qualified for the ACCA enhancement, the government appealed the issue. … After it won, it announced at re-sentencing that “[w]e did not take the appeal to establish that the Defen- dant was an armed career criminal merely as an academic exercise.”

Friends of Milwaukee's Rivers & Alliance for the Great Lakes v. Milwaukee Metropolitan Sewerage District

556 F.3d 603 · Court of Appeals for the Seventh Circuit · Feb 13, 2009

The court rejected this letter as hearsay that did not qualify for the public records exception under Fed.R.Evid. 803(8). … Burney’s testimony was therefore not clearly erroneous.

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.

Dorothy Stevens v. Dorothy Wright Tillman

855 F.2d 394 · Court of Appeals for the Seventh Circuit · Aug 18, 1988

The court pared back the number of statements the jury would be allowed to consider under the defamation claim, holding that some were not clearly “of and concerning” Stevens and that most of the others to which Stevens objected … Even axiomatic math cannot yield “factual” (logically true) statements about all interesting arithmetical relations, as Godel and Turing established. See Ernest Nagel and James R.

McGee v. Bartow

593 F.3d 556 · Court of Appeals for the Seventh Circuit · Jan 27, 2010

McGee with two mental illnesses that qualified him to be committed as a SVP: paraphilia NOS and a personality disorder NOS with antisocial features. Id. at 34-35. … We evaluate the record to discern only whether the state court’s adjudication of the claim (1) “was contrary to, or involved *572 an unreasonable application of, clearly established Federal law, as determined by the Supreme

United States v. Robert Smith

Court of Appeals for the Seventh Circuit · Jul 15, 2008

Distributing drugs directly to minors for further distribution qualifies as the type of personal use of a minor warranting application of the use-of-a-minor enhancement under § 3B1.4. … The district court’s drug-quantity finding was not clearly erroneous. F.

Donald F. Duncan, Inc. v. Royal Tops Manufacturing Company, Inc., and Randy Brown

343 F.2d 655 · Court of Appeals for the Seventh Circuit · May 4, 1965

Plaintiff apparently has changed its stance as to the proof required to establish secondary meaning. … We have previously rejected certain findings of the District Court as being clearly erroneous.

Paul Sobieski and Gail Sobieski v. Ispat Island, Inc., Indiana Harbor Steamship Co., Llc, Central Marine Logistics, Inc., and M/v Joseph L. Block

413 F.3d 628 · Court of Appeals for the Seventh Circuit · Jun 29, 2005

Well-established *632 precedent applies the common law principle that an employer may be vicariously liable for its employee’s negligence (or intentional tort) committed within the course or scope of employment — that is, … Instead, Barrett’s altruistic tractioning of necks clearly falls within that category of acts commonly held to be outside the scope of employment — those “undertaken by an employee for a private purpose and having *635 no

Europlast, Limited v. Oak Switch Systems, Incorporated

10 F.3d 1266 · Court of Appeals for the Seventh Circuit · Nov 23, 1993

Therefore, we elect to heed the prudence of the Third Circuit and conclude that the trier of fact is most qualified to determine the question of insolvency. Mellon, 619 F.2d at 1014 -1015 n. 17. … Illinois courts do not favor punitive damages and insist that plaintiffs must establish “not only simple fraud but gross fraud, breach of trust, or ‘other extraordinary or exceptional circumstances clearly showing malice

Brewster McCauley v. City of Chicag

671 F.3d 611 · Court of Appeals for the Seventh Circuit · Oct 20, 2011

Brooks, 524 F.3d 1103, 1113-14 (10th Cir. 2008) (affirming denial of qualified immunity where no rational basis was asserted for alleged policy of providing less pro- tection to lesbian victims of domestic violence than to … My colleagues do so here, and the Iqbal standard is clearly decisive for the panel majority.

Moriarty Ex Rel. Local Union No. 727, I.B.T. Pension Trust v. Svec

429 F.3d 710 · Court of Appeals for the Seventh Circuit · Nov 21, 2005

Thus, the law of the case has established $165 per hour as the appropriate rate for the services of Mori- arty’s counsel. … He fails, however, to establish that the conduct in this case was vexatious.

United States v. Brian Cook

108 F.4th 574 · Court of Appeals for the Seventh Circuit · Jul 17, 2024

he language of the relevant guidelines and the accompanying commentary provide[] no clear guidance on what will distinguish mere brandishing of a weapon from other use, short of actual discharge of the weapon, that will qualify … Moreover, such convictions may “be considered for the limited purpose of establishing the incorrigible character of the defendant’s criminal propensities.” Walker, 98 F.3d at 948.

Dugan v. Smerwick Sewerage Co.

142 F.3d 398 · Court of Appeals for the Seventh Circuit · Apr 16, 1998

Finally, the Funds assert that the evidence was in conflict as to whether Patrick Moriarty remained an owner or qualified as a de facto officer or director of Smerwick and that the court therefore erred in granting summary … Our review of that determination is, as we have noted, one for clear error only, and we discern nothing clearly erroneous in the district court’s assessment.

United States v. Siamak Fard

775 F.3d 939 · Court of Appeals for the Seventh Circuit · Jan 7, 2015

The nominees would not have qualified for the loans if their applications had been truthful. … Fard and his original counsel clearly had a difficult relationship and we cannot be assured that counsel ex- plained the legal meaning of fraudulent intent to his client.

In the Matter of Frank E. KNIGHT, Debtor-Appellant

55 F.3d 231 · Court of Appeals for the Seventh Circuit · May 3, 1995

Knight’s legal duty to pay and the amount of payment due were established by statute, and were easily calculable. … Knight does not challenge) clearly attaches liability *237 at the time the court officer fails to report. The penalty debt as defined by the Indiana Code is in no way tied to Mr. Knight’s guilty plea.