Case law

K.C. v. Individual Members of the Medical Licensing Board

Court of Appeals for the Seventh Circuit · Nov 18, 2024

That realization would nul- lify the trait that qualified the adolescent for constitutional protection in the first place. … The district court clearly erred.

Michael Durkin and Loretta Reed, Individually and on Behalf of All Others Similarly Situated v. Equifax Check Services, Inc., a Delaware Corporation

406 F.3d 410 · Court of Appeals for the Seventh Circuit · Apr 18, 2005

Metcalf is qualified to offer such testimony simply because he is an English professor and [a] linguist. ... Because Dr. … Nevertheless, the letters are clearly understandable, and the imperfections are of no consequence. 3 .

Jimmy Ray Pitsonbarger v. Richard Gramley

103 F.3d 1293 · Court of Appeals for the Seventh Circuit · Feb 20, 1997

Keohane, [— U.S. -,---] 116 S.Ct. 457, 464-65 [ 133 L.Ed.2d 383 ] (1995), but the question we must answer is the more subtle one of whether the state court “unreasonably” applied clearly established federal law as the Supreme … Like that one, they cannot surmount either the “cause and prejudice” hurdle or qualify for the “miscarriage of justice” exception, as it now narrowly exists in the AEDPA. B.

Prima Tek II, LLC v. Klerk's Plastic Industries, B.V.

525 F.3d 533 · Court of Appeals for the Seventh Circuit · May 5, 2008

Thus, the district court did not commit any clear error in holding that the lace plant covers qualify as Upgrade B Plant Covers. … Morrison Knudsen Corp., 255 F.3d 397, 401 (7th Cir.2001) (“the party claiming the breach must establish the amount of damages'.

Chandler, Nedra v. Rodriquez, Neftaly

Court of Appeals for the Seventh Circuit · Aug 27, 2004

A state court’s decision may be upset on col- lateral review only if its decision is contrary to, or an unrea- sonable application of, law clearly established by the Supreme Court. 28 U.S.C. §2254(d). … It is hard to see why violations of the qualified right to counsel of choice should lead to automatic reversal, when deprivation of the absolute right to a competent attorney leads to relief only if prejudice is demonstrable

Scott H. Southworth, Amy Schoepke, Keith Bannach v. Michael W. Grebe, Sheldon B. Lubar, Jonathan B. Barry

151 F.3d 717 · Court of Appeals for the Seventh Circuit · Aug 10, 1998

The ASM budget also funds private organizations, although only “Registered Student *720 Organizations” qualify for funding from the ASM budget.- To qualify as a Registered Student Organization, among other things, a group … The Supreme Court held that the student activity fees created a forum of money and that once established the forum had to be made available on a viewpoint-neutral basis.

United States v. Soy, Robert A.

Court of Appeals for the Seventh Circuit · Jun 28, 2005

There is no question that, after Jones, the dwelling did not qualify as being “used in” interstate commerce for purposes of § 844(i). … were clearly interdependent; they comprised a sentenc- ing package.

W-I Canteen Service, Inc. v. National Labor Relations Board

606 F.2d 738 · Court of Appeals for the Seventh Circuit · Sep 25, 1979

The Company will not, as a condition of continued employment, require the employees to cross any picket line established on or in front of the premises of any other company. … The Board’s reasoning is that the effect of the term “not” would be to “exclude from arbitration the only kind of ‘differences’ which an arbitrator is qualified to resolve under the terms of this agreement.”

Life Spine, Inc. v. Aegis Spine, Inc.

8 F.4th 531 · Court of Appeals for the Seventh Circuit · Aug 9, 2021

Nor can Aegis show that the district court clearly erred in finding that Life Spine’s displays and sales did not disclose the precise specifications of the ProLift. … And it is well established that the loss of goodwill and reputation, if proven, can constitute ir‐ reparable harm. Stuller, Inc. v.

LSP Transmission Holdings II, LLC v. James F. Huston

Court of Appeals for the Seventh Circuit · Mar 13, 2025

HEA 1420 gives incumbents first dibs to construct qualify- ing projects. … This suffices to establish facial discrimination.

LSP Transmission Holdings II, LLC v. Northern Indiana Public Service Company

Court of Appeals for the Seventh Circuit · Mar 13, 2025

HEA 1420 gives incumbents first dibs to construct qualify- ing projects. … This suffices to establish facial discrimination.

David Sherrod v. Darlene Lingle, R.N. Mary Geiger, R.N. Betty Lorance, R.N. C.P. Ramaswamy, M.D. Rajendra Shroff, M.D. Franklin Hospital District

223 F.3d 605 · Court of Appeals for the Seventh Circuit · Jul 27, 2000

erroneous factual findings; or (4) the decision clearly appears arbitrary.” … Also, Sherrod’s symptoms clearly matched some of the symptoms of appendicitis after March 9, when he first complained to the medical staff.

Milwaukee Plywood Company v. National Labor Relations Board

285 F.2d 325 · Court of Appeals for the Seventh Circuit · Dec 20, 1960

B., 9 Cir., 249 F.2d 591 , involve a common work situs. 19 It was clearly the Congressional intent to protect neutral employers from work stoppages at their own places of business. … The House Conference Report stated, "The purpose of this provision is to make it clear that the changes in section 8(b) (4) do not overrule or qualify the present rules of law permitting picketing at the site of a primary

K.C. v. Individual Members of the Medical Licensing Board

Court of Appeals for the Seventh Circuit · Nov 18, 2024

That realization would nul- lify the trait that qualified the adolescent for constitutional protection in the first place. … The district court clearly erred.

Yong-Qian Sun v. Board of Trustees of the University of Illinois

473 F.3d 799 · Court of Appeals for the Seventh Circuit · Jan 16, 2007

Sun was ‘reasonable’ in the sense that it was consistent with not only the current standards and past practices established by the MatSE department, but also with the guidelines and procedures established by the Provost for … Under this method, Sun must first establish a prima facie case of discrimination by showing that: (1) he is a member of a protected class; (2) he was qualified for tenure; (3) he was denied tenure; and (4) a similarly situated

National Labor Relations Board v. Sure-Tan, Inc., and Surak Leather Co.

672 F.2d 592 · Court of Appeals for the Seventh Circuit · Feb 26, 1982

However, the Surak brothers’ subsequent letter of reprimand clearly constituted, as the ALJ found, an overreaction to this minor work dispute. … An alien’s illegal status under the INA does not, as Sure-Tan contends, immunize an employer’s constructive dismissal of an alien employee which is motivated by anti-union animus.

Wainscott, Jack v. Henry, William R.

Court of Appeals for the Seventh Circuit · Jan 17, 2003

We evaluate whether No. 02-2479 5 an employee’s speech deserves First Amendment protec- tion under the two-part test established in Pickering v. … Whether the city is run in an efficient and effective manner is clearly an important matter of public concern.

United States v. Larry Dennis

119 F.4th 1103 · Court of Appeals for the Seventh Circuit · Oct 25, 2024

The govern- ment challenged this conclusion, arguing that pointing a handgun at a customer qualifies as a credible threat of vio- lence. … Here, Dennis cannot establish reliance.

Liliya Krasilnikova v. United States

Court of Appeals for the Seventh Circuit · Jul 12, 2022

The so-called “interested per- son” then has the burden of establishing her ownership inter- est in the disputed property. … At the very least, the district court did not clearly err in finding that they did.

United States v. Fernandez, Peter N.

Court of Appeals for the Seventh Circuit · Mar 7, 2002

Lyons would review the submitted questionnaires prior to accepting bids on the projects in order to determine whether the bidder was sufficiently qualified for the projects. … The defendants’ alleged actions clearly would have influenced Lyons’ decision to award the contracts to Midwest.