Case law

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.

William A. Bowles v. Quantum Chemical Company, a Division of Quantum Chemical Corporation, a Hanson Company, Cross-Appellee

266 F.3d 622 · Court of Appeals for the Seventh Circuit · Sep 11, 2001

However, we afford great deference to the trial court’s findings of fact, and we shall reverse only if those findings are clearly erroneous. See id. … Although the district court stated in its opinion that “the severance plan does not contain any express language to qualify or quantify the degree of diminution required *634 to establish the trigger,” R.129 at 6, the language

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.

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.

Lineback, Rik v. Spurlino Materials

Court of Appeals for the Seventh Circuit · Oct 8, 2008

Spurlino’s arguments, however, show only that there may be an alternative view of the evidence presented to the district court; they do not establish that the district court’s view of the evidence was clearly erroneous. … On this appeal, we are asked only to determine whether the district court clearly erred when it concluded that the Regional Director’s evidence was sufficient to establish a “better than negligible” chance of success on the

Pyles v. Nwaobasi

829 F.3d 860 · Court of Appeals for the Seventh Circuit · Jul 21, 2016

Hirsch, 207 F.3d 928, 929-30 (7th Cir. 2000) (suggesting that a clerk’s “failure to perform a ministerial act whose omission could have serious adverse consequences for a criminal defendant” would qualify as “good cause” … But a finding of fact is clearly erroneous if it is “based on errors of fact or logic.” Allord v. Barnhart, 455 F.3d 818, 821 (7th Cir. 2006).

Trinity Memorial Hospital of Cudahy, Inc. v. Associated Hospital Service, Inc.

570 F.2d 660 · Court of Appeals for the Seventh Circuit · Dec 16, 1977

seq. authorizes a suit against the United States or the Secretary where a provider of services under the Medicare Program seeks a refund of reimbursable costs or a decision by an impartial adjudicative body constituted of qualified … That such a reading is a fair one seems established by the express statement of the Calif ano v.

United States v. Payne

62 F. App'x 648 · Court of Appeals for the Seventh Circuit · Mar 19, 2003

It is well established that “during sentencing, the Government must prove the facts underlying a sentencing adjustment only by a preponderance of the evidence.” United States v. … Gaffin “was never introduced or qualified as an expert”; and (2) the government did not introduce the evidence relied upon by Gaffin in her testimony. These arguments are wholly without merit.

United States v. Vahan Kelerchian

Court of Appeals for the Seventh Circuit · Aug 22, 2019

Vollmer, concluding that the govern- ment was not deprived of a qualifying property interest. Vollmer, 1 F.3d at 1521. … A Chicago ordinance required the city to establish a goal of awarding not less than 25% of the annual dollar value of all city contracts to qualified minority-owned businesses and 5% of the annual dollar value to qualified

Part-Time Faculty Ass'n at Columbia Coll. Chi. v. Columbia Coll. Chi.

892 F.3d 860 · Court of Appeals for the Seventh Circuit · Jun 15, 2018

However, FTST also qualify as full-time staff mem- bers, which are expressly excluded from representation. … It also asserted that including FTST “would create a minority union to compete with an already established majority un- ion’s representation of part-time faculty.”

United States v. Chagoya-Morales

859 F.3d 411 · Court of Appeals for the Seventh Circuit · Jun 9, 2017

In his view, his prior aggravated robbery conviction does not qualify as a “crime of violence” following the Supreme Court’s decision in Johnson v. … As our previous discussion establishes, the district court correctly applied the sixteen-level enhancement. We therefore cannot accept Mr.

Marquise Wright v. Calumet City, Illinois

848 F.3d 814 · Court of Appeals for the Seventh Circuit · Feb 17, 2017

Wright  accepted  that  offer  without  qualifi‐ cation, which provided that:  the Defendant Calumet City, Illinois, agrees to  allow  Plaintiff  Marquise  Wright  to  take  a  judgment  against  it,  … The mere ex‐ pression of a desire to appeal, or a reservation of that option  in  a  settlement,  does  not  in  itself  establish  that  concrete  in‐ terest. 

Redd v. Nolan

663 F.3d 287 · Court of Appeals for the Seventh Circuit · Nov 29, 2011

The court dismissed Redd’s claim against Weber on sovereign immunity grounds. … To establish a claim of retaliatory discharge, an employee must establish that she was (1) discharged; (2) in retaliation for her activities; and (3) the discharge violated a clear mandate of public policy.

United States v. Stevens, Jeffrey

Court of Appeals for the Seventh Circuit · Jul 17, 2006

As to both weapons, Stevens argues there was insufficient evidence to establish that he possessed them. Possession may be either actual or constructive, exclusive or joint. United States v. … Stevens properly concedes the law is clearly against him. In Almendarez-Torres v.

United States v. David O'Malley & Robert Salerno

796 F.2d 891 · Court of Appeals for the Seventh Circuit · Jul 9, 1986

Thus, since the notes had not been written, signed, adopted or approved by the witness, the notes failed to qualify as “statements” within the meaning of the Jencks Act and were not subject to the Jencks Act discovery rules … In reviewing the admissibility of a co-conspirator’s statements, we will not reverse the district court’s decision unless it clearly erred in admitting this evidence. United States v.

Aldens, Inc. v. LaFollette

552 F.2d 745 · Court of Appeals for the Seventh Circuit · Mar 25, 1977

One section of the Act provides that 18% per annum should be the maximum permissible finance charge for extension of credit under open-end credit plans such as Aldens offers. 3 This ceiling was established to prevent overreaching … There the Court held unconstitutional a state’s refusal to honor and enforce contracts made for interstate or foreign commerce because of the enforcing corporation’s failure to qualify to do business in the state. 13 Such

Carol Majeske v. City of Chicago

218 F.3d 816 · Court of Appeals for the Seventh Circuit · Sep 1, 2000

While this is a reasonable interpretation of these questions, this notion was contradicted by undisputed evidence at trial which clearly demonstrated that some blacks and Hispanics were promoted to detective before the 1989 … This argument fails because the City established that it obtained the transcripts for use during the trial.

Mabel Vickers v. James L. Trainor, Director, Illinois Department of Public Aid

546 F.2d 739 · Court of Appeals for the Seventh Circuit · Dec 10, 1976

We recognize that the parties did not bring that decision to the attention of the district court, but it clearly was decisional precedent at the time of the plaintiffs’ motion for reconsideration. … Under those income limitations, *742 the stipulated facts make clear that the named plaintiffs would have qualified for chore and housekeeping services. 4 .

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

Sun v. Board of Trustees of 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