Case law

Isby v. Bayh

75 F.3d 1191 · Court of Appeals for the Seventh Circuit · Feb 5, 1996

In addition, we cannot approve a class action settlement “which either initiates or authorizes the continuation of clearly illegal conduct.” Id.; Grunin v. … In order to qualify for transfer on the basis of accumulating thirly-six vested months, the last six months must be consecutive without a conviction for either a Class A or B violation. .

Indiana Bell Telephone Company, Incorporated v. William D. Mccarty

362 F.3d 378 · Court of Appeals for the Seventh Circuit · Mar 5, 2004

"In other words, it establishes a floor below which the quality of the interconnection may not go." Id. at 812 . … disputes, the Virginia State Corporation Commission stated that it could not apply federal standards as required by the Act in arbitrating interconnection agreements without potentially waiving its Eleventh Amendment sovereign immunity

King v. Board Of Regents Of The University Of Wisconsin System

898 F.2d 533 · Court of Appeals for the Seventh Circuit · Apr 23, 1990

It dismissed her claims against the other two individuals, and found that the eleventh amendment immunized UWM from suit under section 1983. … Nothing in the record, however, suggests that King was qualified for tenure renewal.

United States of America Ex Rel. Robert Gorham v. Gayle Franzen and James Greer

675 F.2d 932 · Court of Appeals for the Seventh Circuit · Apr 19, 1982

Clearly, findings of fact made by a state appellate court are considered “determination[s] after a hearing on the merits” within the strictures of 28 U.S.C. § 2254 (d)(8). Bruce v. … Although the petitioner contends that Barger’s qualification “at the time” in his testimony was merely his own characterization, there is no apparent reason for Barger to have qualified Gorham’s response or reaction in such

United States v. Bernell Brasher

Court of Appeals for the Seventh Circuit · Jun 28, 2024

This appeal asks us to hold that some of Bernell Brasher’s past conduct bore too attenuated a link to his offense of conviction to qualify as relevant conduct at sen- tencing. … On appeal, Sumner argued that the district court erred by failing to articulate why the earlier conduct qualified as “relevant conduct.” Id. at 537. We agreed. Id. at 540.

United States v. Kollintzas, Joanna

Court of Appeals for the Seventh Circuit · Sep 5, 2007

States under federal law for the enforcement of its civil judg- ments; the Ninth Circuit held that by “importing the 8 No. 06-2034 FDCPA’s procedures into the MVRA, Congress clearly … state law to determine what rights the tax- payer [or in this case, the criminal defendant] has in the property the Government seeks to reach, then to federal law to determine whether the taxpayer’s state-delineated rights qualify

Morales-Morales v. Ashcroft, John D.

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

We come to this result instead because the statute does not clearly indicate that the exclusion from judicial review is so extreme as to purport to authorize the Attorney General to disregard both the Constitution and the … presence in the United States for purposes of establishing eligibility for cancella- tion of removal.

United States v. Castro

277 F. App'x 603 · Court of Appeals for the Seventh Circuit · May 12, 2008

To qualify for a U.S.S.G. § 3B1.1 enhancement under the “five or more participants” clause, the defendant must provide leadership and organization to a criminal enterprise comprised of at least five individuals and must actually … This finding was not clearly erroneous as the evidence established that the activity spanned multiple states, including Texas, Indiana, Wisconsin, and California, and involved numerous participants and large *607 amounts

Carlos S. Soto and Robert Demallory on Behalf of Themselves and All Others Similarly Situated v. Walter J. Dickey, Donald Clusen, and Gerald Heeringa, Carlos S. Soto and Robert Demallory on Behalf of Themselves and All Others Similarly Situated v. Walter J. Dickey, Donald Clusen, and Gerald Heeringa

744 F.2d 1260 · Court of Appeals for the Seventh Circuit · Nov 2, 1984

In the action for damages, the trial court held that a good faith immunity defense was available to defendants and declined to award damages to Soto. … Some of the findings leave out facts clearly established by credible, material and uncontradicted evidence.

Nationwide Freight Systems, Inc. v. Illinois Commerce Commission

784 F.3d 367 · Court of Appeals for the Seventh Circuit · Apr 23, 2015

The plain import of this qualifying language is that the challenged statute or regulatory action must have a meaningful impact in order to be pre- empted. … Code §§ 1425.30- 1425.50; see also id. § 1425.120 (specifying minimum net worth requirements for carrier to qualify for self-insurance).

Richard A. Schmidt v. Sheet Metal Workers' National Pension Fund

128 F.3d 541 · Court of Appeals for the Seventh Circuit · Nov 12, 1997

The designation of beneficiaries for such a benefit is to be made on the form established by the Fund Trustees, in accordance with Section 7.05. … The oral representation upon which Richard's claim is based clearly conflicts with the designation method prescribed by the Plan Booklet, and the Plan itself requires all beneficiary designations to be in the proper form.

Monte C. Smith v. Francis Melvin, Louis O. Lowery, Timothy Erno, and Anthony Harvey

94 F.3d 647 · Court of Appeals for the Seventh Circuit · Aug 14, 1996

This court need not address the subjective component where the plaintiff fails to establish the objective component. … Because Smith was not deprived of his constitutional rights, we need not consider the remaining issue of qualified immunity. 9 The judgment of the district court is AFFIRMED. * After an examination of the briefs and the record

Juan Reyes v. Mindi Nurse

38 F.4th 636 · Court of Appeals for the Seventh Circuit · Jun 29, 2022

Under AEDPA, Reyes is entitled to relief only if his conviction “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C … A state court’s determination is “contrary to” clearly established law if it ap- plies a rule that contradicts that law. Cullen v. Pinholster, 563 U.S. 170, 182 (2011).

Roman, Emil v. INS

Court of Appeals for the Seventh Circuit · Dec 5, 2000

Clearly the management of the government owned airline for which [Mr. Roman] worked viewed him as not supporting the Communist Party philosophy." R.3. … Asylum To qualify for asylum, Mr.

United States v. Powell

353 F. App'x 19 · Court of Appeals for the Seventh Circuit · Nov 17, 2009

At that hearing, the court said that it would appoint a private attorney from the list of attorneys who were qualified and willing to accept appointments under the Criminal Justice Act. … At sentencing, the *22 district court clearly articulated its determination that Mr.

Little Sandy Coal Company, Inc v. CIR

62 F.4th 287 · Court of Appeals for the Seventh Circuit · Mar 7, 2023

background and statutory and regulatory overview, we move to analysis of the case. 16 No. 21-3145 “Tax credits are a matter of legislative grace, are only al- lowed as clearly … It argues therefore that production wages for making such models categorically qualify as research ac- tivities that constitute elements of a process of experimenta- tion.

De'Angelo Cross v. United States

892 F.3d 288 · Court of Appeals for the Seventh Circuit · Jun 7, 2018

Cross and Davis have established their right to raise this claim by way of the “cause and prejudice” avenue. … Just like the statute in Johnson, the statute here fails to specify which crimes qualify for that label.

Midland Coal Company and Old Republic Insurance Company v. Director, Office of Workers' Compensation Programs

149 F.3d 558 · Court of Appeals for the Seventh Circuit · Aug 31, 1998

Frankhauser concluded that “this man qualifies for black lung disease because he has had pulmonary fibrosis and certainly has marked dyspnea and has had difficulty in breathing at times.” … An evidentiary hearing was held on August 13, 1985, and in May 1986, the ALJ ruled that the medical evidence failed to establish that Luman died of pneumoconiosis and was entitled to benefits. Mrs.

Occidental Fire & Casualty Co. Of North Carolina, a North Carolina Corporation v. International Insurance Co., an Illinois Corporation

804 F.2d 983 · Court of Appeals for the Seventh Circuit · Oct 31, 1986

(c) Warrants (1) that driver(s) furnished with such motor vehicle(s) is (are) competent and qualified to operate said equipment, (d) Agrees that the Lessee shall not be liable for any loss or damage to or destruction of said … Unlike Mosley , where there was evidence in the record that the second employer had the power to discharge any worker, 31 Ill.Dec. at 861 , 394 N.E.2d at 1238 , here the record establishes that while Beelman had a lessee’

Vanessa Robertson v. Wisconsin Department of Health

Court of Appeals for the Seventh Circuit · Feb 7, 2020

Robertson does not have direct evidence establishing causation. … “‘[U]nless [the competing qualifications] are so favor- able to the plaintiff that there can be no dispute among rea- sonable persons of impartial judgment that the plaintiff was clearly better qualified for the position