Case law

Polish American Congress v. Federal Communications Commission

520 F.2d 1248 · Court of Appeals for the Seventh Circuit · Jul 23, 1975

To qualify under the Commission’s rule, the attack must reflect upon the ‘honesty, character, integrity or like personal qualities’ of a person or group, and not merely reflect upon ability, knowledge or like intellectual … Nevertheless, we need not rely on petitioners’ failure to state the issue clearly, because the Commission was correct in ruling that ABC did not overstep its discretion in failing to find a controversial issue of public importance

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. 

Judith Nelson and Darci Anne Bowman, Cross-Appellees v. Monroe Regional Medical Center, Formerly Known as the Monroe Clinic, Cross-Appellant

925 F.2d 1555 · Court of Appeals for the Seventh Circuit · Apr 10, 1991

The chairman of the board and the president of the hospital emphatically noted that any qualified physician, regardless of other affiliations or lack thereof, can obtain privileges if qualified. … The record established by plaintiffs also clearly, as the defendant points out, fails to demonstrate any geographic market.

Farmer v. Levenson

79 F. App'x 918 · Court of Appeals for the Seventh Circuit · Oct 30, 2003

The reason why an appellant is required to clearly state his intention on appeal is “to ensure that the filing provides sufficient notice to other parties and the courts.” Smith v. … Barry, 502 U.S. 244, 248 , 112 S.Ct. 678 , 116 L.Ed.2d 678 (1992) (holding that inmate’s brief in response to briefing order could have qualified as functional equivalent of notice of appeal).

United States v. Useni

516 F.3d 634 · Court of Appeals for the Seventh Circuit · Feb 21, 2008

before the grand jury under a grant of immunity 7 ; and Agent Richard Lexby of the IRS, who testified as the government’s summary witness. … The evidence clearly showed that Useni both knew and intended to further the illegal gambling occurring at the Grand Palace on his watch.

Pablo F. PIRELA, Plaintiff-Appellant, v. VILLAGE OF NORTH AURORA, Defendant-Appellee

935 F.2d 909 · Court of Appeals for the Seventh Circuit · Jun 28, 1991

The basic principles of Illinois res judica-ta law are well-established. … Donnelly, 494 U.S. 820 , 110 S.Ct. 1566 , 108 L.Ed.2d 834 (1990), clearly disposes of this argument.

National Labor Relations Board v. GranCare, Inc.

170 F.3d 662 · Court of Appeals for the Seventh Circuit · Mar 3, 1999

It is also clearly established that the LPNs engage in at least one of the twelve listed activities enumerated in the statute. … In applying the statutory test of independent judgment, I believe the record as a whole demonstrates that the LPNs’ duties qualify them as supervisors.

Carl R. Pitasi v. Gartner Group, Incorporated

184 F.3d 709 · Court of Appeals for the Seventh Circuit · Jul 23, 1999

The record also clearly demonstrates that Gartner was in fact reducing its work force and, therefore, that Mr. … Co., 167 F.3d 1151, 1154 (7th Cir.1999) (requiring record evidence other than plaintiffs conclusory statement that he was more qualified to perform functions outside his main duties than the employee who assumed his duties

Commercial National Bank of Chicago v. Demos

18 F.3d 485 · Court of Appeals for the Seventh Circuit · Mar 10, 1994

In the instant ease, the government clearly could bring a suit to enforce its lien in the district court, which would have jurisdiction to hear it. 26 U.S.C. §§ 7402 , 7403. … The effect of 28 U.S.C. § 2410 is to waive the United States' sovereign immunity with respect to interpleader actions in which the United States' claim is based on a tax lien. .

United States v. Hayes

358 F. App'x 685 · Court of Appeals for the Seventh Circuit · Dec 21, 2009

Next, the court concluded that Hayes qualified for the 3-level increase under § 2J1.2(b)(2) for substantially interfering with the state court’s administration of justice in a custody proceeding. … The district court’s factual finding that the passport was “used” in the commission of the kidnapping is not clearly erroneous.

United States v. Joseph C. Tardieff

83 F.3d 424 · Court of Appeals for the Seventh Circuit · Apr 17, 1996

We also note that middlemen are not immune from the application of § 3B1.1. United States v. Young, 34 F.3d 500, 508 (7th Cir.1994). … March 22, 1996), and a simple reverse sting operation would not, at any rate, qualify as outrageous government conduct.

United States v. Cesar L. Manganellis

864 F.2d 528 · Court of Appeals for the Seventh Circuit · Dec 28, 1988

Hale, testifying under a grant of immunity, stated that she and Manganellis met in January 1986 and during the summer of 1986 they discussed possible marijuana transactions. … Count I With respect to Count I, the admissible evidence was clearly overwhelming. Agent Schultz testified as a witness to the transaction.

Adventist Living Centers, Inc. v. Bowen

881 F.2d 1417 · Court of Appeals for the Seventh Circuit · Aug 10, 1989

The intermediary will promptly determine if the firm qualifies as an expert, and whether the proposed appraisal meets program requirements regarding type, technique, and results. 31 Prov. Reimb. … According due deference to the Secretary's interpretation of regulations, we think the Secretary's decision was clearly reasonable and supported by substantial evidence.

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.

Brad Sandefur v. Thomas Dart

Court of Appeals for the Seventh Circuit · Nov 4, 2020

His application identified his qualifying disability as os- teoarthritis or a “knee condition.” … To establish an ADA discrimi- nation claim, Sandefur must show that he: (1) was disabled within the meaning of the ADA; (2) was qualified to perform the essential functions of the relevant job either with or with- out reasonable

United States v. Wiley F. Green

757 F.2d 116 · Court of Appeals for the Seventh Circuit · Feb 4, 1985

Clearly, all of this information was introduced and properly received into evidence as it related to the issue of the defendant’s intent or “willfulness” in failing to file a return, a fact that the defendant was obviously … (“The rationale is that a witness who fore-goes his right not to testify cannot then claim that he is immune from cross-examination on matters that he has chosen to put in dispute through his direct testimony.” Id.)

Brad Sandefur v. Thomas Dart

Court of Appeals for the Seventh Circuit · Nov 4, 2020

His application identified his qualifying disability as os- teoarthritis or a “knee condition.” … To establish an ADA discrimi- nation claim, Sandefur must show that he: (1) was disabled within the meaning of the ADA; (2) was qualified to perform the essential functions of the relevant job either with or with- out reasonable

United States v. Hook, George

Court of Appeals for the Seventh Circuit · Dec 13, 2006

Clearly, the statutory mandate for the DNA collection did not constitute an improper additional term. … Further, as set forth above, the DNA Act does not inflict punishment on those who are subject to it, as its purpose is to establish a national database of identify- ing information and to deter recidivism.

Richard L. Brown v. Disciplinary Committee of the Edgerton Volunteer Fire Department, Edgerton Fire Protection District Commission, Kenneth Crandal

97 F.3d 969 · Court of Appeals for the Seventh Circuit · Oct 7, 1996

First, from the simple standpoint of monetary loss, Brown’s termination meant that he would not qualify for the $700 annual pension given to volunteer firefighters who serve for twenty-five years. … Thus, on our de novo review from the district court’s decision granting summary judgment to the defendants, we may also review this question to see if the record clearly shows that the District’s interest outweighed Brown

Kutsugeras v. Avco Corp.

973 F.2d 1341 · Court of Appeals for the Seventh Circuit · Sep 1, 1992

AVCO argues that this two-tier verdict form illegitimately splits Kutsugeras’ single cause of action into two claims, thereby immunizing him from responsibility for his enhanced injuries. … It takes no great intellectual leap to see that Farrell , if applicable to the instant case, clearly determines that the two-tier verdict form is permissible.