Case law

Schalk v. Reilly

900 F.2d 1091 · Court of Appeals for the Seventh Circuit · Apr 24, 1990

EPA: “The legislative history behind this section supports rather than clearly contradicts this conclusion.” 871 F.2d at 1557 . … The jurisdictional bar in SARA merely codified the established rule that preimplementation review of response actions would not be allowed. See, e.g., Lone Pine Steering Comm. v.

Rollins v. Metropolitan Life Insurance

863 F.2d 1346 · Court of Appeals for the Seventh Circuit · Dec 19, 1988

Indiana clearly has an interest in the resolution of this case. … SGLIA established an order for policy beneficiaries.

United States v. Frank Peter Balistrieri

403 F.2d 472 · Court of Appeals for the Seventh Circuit · Dec 31, 1968

An illegal search and seizure “does not serve to immunize” the defendant from prosecution. United States v. Ruffin, 389 F.2d 76, 79 (7th Cir. 1968); United States v. Hoffman, 385 F.2d 501, 503-504 (7th Cir. 1967). … The record, therefore, clearly indicates that the evidence presented to the jury was sufficient to support its verdict. (5) Defendant contends that the evidence produced by the defense conclusively rebutted the Government

Patricia Babrocky v. Jewel Food Company and Retail Meatcutters Union, Local 320, Defendants

773 F.2d 857 · Court of Appeals for the Seventh Circuit · Dec 12, 1985

Plaintiffs clearly stated in their EEOC complaints against both Jewel and the Union that the meat-cutter and wrapper job classifications were *865 sex-segregated. … The Supreme Court has explicitly adopted the use of statistics to establish a prima facie case. Id. at 339, 97 S.Ct. at 1856.

Janet Klein v. Rush-Presbyterian-St. Luke's Medical Center

990 F.2d 279 · Court of Appeals for the Seventh Circuit · Mar 29, 1993

In establishing a factual dispute, the nonmoving party cannot simply rely upon the pleadings, but should offer specific evidence. Fed.R.Civ.P. 56(e). … See id. at 487 n. 3 (dictum) (employees could not qualify as salaried if leave time is reduced for absences less than a day even though pay is not reduced); Benzler v.

State of Wisconsin, Department of Health and Social Services, Plaintiff v. Otis R. Bowen, Secretary of Health and Human Services

797 F.2d 391 · Court of Appeals for the Seventh Circuit · Jul 21, 1986

Past experience and common sense indicated clearly that clerical personnel could not and should not make decisions as to the quality and necessity of medical services. … Wisconsin was not required to present evidence establishing the existence of transfer trauma to the Appeals Board, the district court or this court.

Anne B. Zipes v. Trans World Airlines, Inc., and Independent Federation of Flight Attendants, Intervenor-Appellant

846 F.2d 434 · Court of Appeals for the Seventh Circuit · Jul 22, 1988

Prior to any action in the district court in response to our remand, the parties reached a settlement which provided, inter alia, that TWA establish a $3,000,000 settlement fund to benefit all class members and that each … Richardson , however, is clearly distinguishable from the case at bar.

Commissioner of Internal Revenue v. Kelly's Estate

84 F.2d 958 · Court of Appeals for the Seventh Circuit · Jul 14, 1936

Kelly, designated executor of her estate, duly qualified as such. … While these facts do not necessarily mean that she would have made no such election, yet they do indicate clearly that no election was necessary.

Zambrano, Rene v. Reinert, Jennifer

Court of Appeals for the Seventh Circuit · May 29, 2002

The Cannery Rule qualifies that statutory definition of employment, excluding wages earned by fruit and vegetable processors unless those workers meet one of the three aforementioned conditions. … Yet Wisconsin does not stand on the limited scope of sec.1983 and does not assert its immunity under the eleventh amendment.

Nielsen, Ann L. v. Dickerson, David D.

Court of Appeals for the Seventh Circuit · Oct 9, 2002

Ill. 1997), finding that company did not qualify as a “debt collector” where, inter alia, it was not involved with follow-up to delinquency letter). … See Clomon, 988 F.2d at 1318 (“[a] single violation of § 1692e is sufficient to establish civil liability under the FDCPA”). Accordingly, we do not resolve this question.

Ridings v. Riverside Medical Center

537 F.3d 755 · Court of Appeals for the Seventh Circuit · Aug 11, 2008

Under the FMLA, it is unlawful for an employer to interfere with an employee’s attempt to exercise the rights established by the FMLA. Id. § 2615(a). … Ridings has clearly met the first two elements; she was an employee of Riverside when she was diagnosed with Graves’ disease in December 2002, and she filed a claim under the Workers’ Compensation Act in July 2003.

Sheila White v. United States Department of Housing and Urban Development

475 F.3d 898 · Court of Appeals for the Seventh Circuit · Feb 2, 2007

White Established Her Claim for Discrimination Based on Familial Status. … Cir.1992) (stating that the FHA was “not intended to ‘prevent a landlord from determining that a family is otherwise qualified before agreeing to rent to them’ ”) (quoting 134 Cong. Rec. H4681 (daily ed.

Moriarty 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 Moriarty's counsel. … This Court will only reexamine an earlier decision if it is "convinced that [decision] is clearly erroneous and would work a manifest injustice." Arizona v.

Steven Levine v. Chief Justice Nathan S. Heffernan, and State Bar of Wisconsin and Stephen L. Smay

864 F.2d 457 · Court of Appeals for the Seventh Circuit · Jan 12, 1989

The district court rejected appellants’ res judi-cata, eleventh amendment immunity and Tax Injunction Act defenses. These issues are not raised on appeal. 7 . Levine does not appeal from this decision. 8 . … Other important activities included helping establish legal aid systems, engaging in public relations and funding studies of programs designed to further the economic well-being of the profession.

Larry Howell v. Wexford Health Sources, Inc.

987 F.3d 647 · Court of Appeals for the Seventh Circuit · Feb 5, 2021

The most important doctrinal elaborations—individual versus official liability, qualified immunity, and Monell liability rather than respondeat superior—bear only a tenuous connection to the text of § 1983, let alone to its … A single memo or decision showing that the choice not to act is deliberate” may establish liability under Monell. Glisson, 849 F.3d at 381 (emphasis added).

Delbert W. Coleman and Karen A. Graham v. Commissioner of Internal Revenue

16 F.3d 821 · Court of Appeals for the Seventh Circuit · Feb 23, 1994

None of these, however, establish that the Tax Court’s reliance on Withington was clearly erroneous. … He also testified that he was not qualified to make such a determination.

Loralee Vasquez and Charles Vasquez v. Lt. Charles Hernandez, Officers Robert Kierney, Jackie L. Dukes

60 F.3d 325 · Court of Appeals for the Seventh Circuit · Sep 12, 1995

Our inquiry is the constitutional one of due process: we are not establishing a statute of limitations. Obviously, short delays — of perhaps a month or so — need less justification than longer delays. … The majority acknowledges that where police officers “shield from the public and the victim’s family key facts which would form the basis of ... claims for redress,” the constitutional right of access to the courts is clearly

Allen Tegtmeier v. Midwest Operating Engineers Pension Trust Fund

390 F.3d 1040 · Court of Appeals for the Seventh Circuit · Dec 7, 2004

The next day, the Pension Fund sent him an application, which he did not return until November 30, 2001, the last date to qualify as a 2001 filing. … The Pension Plan clearly described the procedures for filing an application.

Paul J. Niemeier v. Watergate Special Prosecution Force, and Charles F. C. Ruff, Special Prosecutor, Watergate Special Prosecution Force

565 F.2d 967 · Court of Appeals for the Seventh Circuit · Nov 9, 1977

Since an Advice or Appeals Memorandum explains the reasons for the “final disposition” it plainly qualifies as an “opinion”; and falls within 5 U.S.C. § 552 (a)(2)(A). 10 Concerning the possible criminal liability of President … The purpose of the FOIA is “to establish a general philosophy of full agency disclosure unless information is exempted under clearly delineated statutory language.” S.Rep. No. 813, 89th Cong., 1st Sess., at 3 (1965).

Kennedy, Terry J. v. Commonwealth Edison

Court of Appeals for the Seventh Circuit · Jun 2, 2005

The FLSA’s duties test, which deter- mines which jobs qualify for exempt status, had not been changed significantly since 1949. … The record also establishes that ComEd’s Staff Specialists can only be classified as administrative.