Case law

United States v. Roland C. Hansen and Steven R. Hansen

583 F.2d 325 · Court of Appeals for the Seventh Circuit · Oct 16, 1978

The jury, and not without reason, chose to believe the government’s witnesses, some of whom the government admitted “would not qualify as Eagle Scouts.” … Those extreme accusations are not entirely without support in the record as the unsavory character of the witnesses had been sufficiently established.

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. .

William Thompkins, J v. Randy Pfist

698 F.3d 976 · Court of Appeals for the Seventh Circuit · Oct 23, 2012

Even assuming that Thompkins could establish cause for the procedural default, he cannot establish prejudice. … This falls far short of establishing prejudice.

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

Feinsinger v. Bard. Feinsinger v. Century Indemnity Co. Feinsinger v. Irving W. Rice & Co., Inc

195 F.2d 45 · Court of Appeals for the Seventh Circuit · Apr 16, 1952

I could see clearly through the lefthand window, that is, to the driver’s left, and I could see clearly through the right hand window to my right. … The first thing I did after seeing the Bard car clearly was to turn to Mr.

St. Joseph Bank And Trust Company v. United States

716 F.2d 1180 · Court of Appeals for the Seventh Circuit · Sep 14, 1983

The state court by the terms of the decree clearly intended to make the educational trust an integral part of the property and support settlement it approved and ordered carried out. 7 The magistrate's opinion correctly cites … The transfer may also represent payment of a contingent debt to the children arising from their (qualified) right under Indiana law to require their father to pay for their college and postgraduate education.

Saeed Younger v. Donald Hulick

Court of Appeals for the Seventh Circuit · May 10, 2012

If so, Younger must demonstrate that the law on this point was clearly established if he is to overcome the defendants’ qualified immunity.  See Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982);  Vinning‐El  v. 

Jankowski Lee & Associates v. Cisneros

91 F.3d 891 · Court of Appeals for the Seventh Circuit · Aug 26, 1996

Petitioners do not challenge this finding as a factual matter and the ALJ's finding was not clearly erroneous. … The answer is clearly no.

David Feldman v. Olin Corporation

692 F.3d 748 · Court of Appeals for the Seventh Circuit · Aug 27, 2012

There is no dispute that Olin failed to offer Feldman those positions as a reasonable accommodation, and so we take that as established. … The Supreme Court has specifically said that Rule 4(a)(2) does not “permit[] a notice of appeal from a clearly inter- locutory decision—such as a discovery ruling or a sanc- tion order under Rule 11 of the Federal Rules of

In the Matter of Joseph ANDREUCCETTI and Noemi Andreuccetti, Debtors-Appellants

975 F.2d 413 · Court of Appeals for the Seventh Circuit · Sep 18, 1992

Standing As we have recently noted: In order to appeal a bankruptcy court’s order, a litigant must qualify as a "person aggrieved” by the order. In re El San Juan Hotel, 809 F.2d 151, 154 (1st Cir.1987). … Moreover, after our own examination of the record, we are not convinced that the facts of this case clearly indicate that these claims are moot.

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.)

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.

Corley v. Rosewood Care Center, Inc. of Peoria

388 F.3d 990 · Court of Appeals for the Seventh Circuit · Oct 13, 2004

Contrary to the advertising regarding continuing care, the contract provided that Rosewood was not qualified to accept Medicaid patients and there was no guarantee that it would be qualified in the future. … Contrary to Rosewood’s ad- vertising, the Peoria home was never qualified to accept Medicaid patients.

Deering v. Reich

183 F.3d 645 · Court of Appeals for the Seventh Circuit · Jul 1, 1999

Considering both issues in the context of an officer's claim of qualified immunity from suit, we said that an officer may use deadly force "only to seize a fleeing felon who has committed a violent crime or who presents an … Her testimony could not have more clearly violated the stipulation.

Hope Clinic v. Ryan

195 F.3d 857 · Court of Appeals for the Seventh Circuit · Oct 26, 1999

These statutes are written entirely in terms that have been difficult to pin down, such as “under color of any law” and “rights, privileges, or immunities secured or protected by the Constitution ... of the United States” … Unela-borated avowals do not demonstrate that a finding of fact reached after a trial is clearly erroneous.

Permutit Co. v. Graver Corporation

43 F.2d 898 · Court of Appeals for the Seventh Circuit · Oct 20, 1930

There are several reasons aside from the testimony of the qualified translator which support the District Court’s finding respecting the correctness of the above translation. We need not' elaborate them. … They were at best merely cumulative proof of a prior art and-added nothing to the facts established by the other evidence. The other proof left us in no uncertainty.

Flynn v. Smith

90 F.2d 305 · Court of Appeals for the Seventh Circuit · May 26, 1937

The presumption is one of good faith and honest *311 conduct, and of course it will not override admitted or clearly proven facts to the contrary. … That trust funds once expended by the trustee will never be permitted to be augmented by subsequent non-trust deposits, as against general creditors of an insolvent estate, is clearly established by the rule which impresses

National Diamond Syndicate, Inc., Cross-Appellant v. United Parcel Service, Inc., Cross-Appellee

897 F.2d 253 · Court of Appeals for the Seventh Circuit · Mar 7, 1990

UPS has offered the testimony of only one witness to establish its claim of industry custom. Further, Mr. … Clearly, NDS was in a vastly superior position to determine the legitimacy of the Ryan-Conto enterprise, and it had a stronger interest than UPS in doing so.

Rex Chainbelt Inc. v. Borg-Warner Corporation, Rex Chainbelt Inc. v. Carman Industries, Inc.

477 F.2d 481 · Court of Appeals for the Seventh Circuit · May 18, 1973

For it is just such questions that the administrative tribunal is pre-eminently qualified to solve. … Dumbaugh established conception and reduction dates in July 1965. Westerman did not succeed in establishing a conception date prior to his constructive conception date of October 26, 1965.

In the Matter of Willis R. Gifford and Jacqueline M. Gifford, Bankrupts. Appeal of Thorp Finance Corporation, United States of America, Intervenor-Appellee

669 F.2d 468 · Court of Appeals for the Seventh Circuit · Jan 21, 1982

III. 6 The Constitution confers broad powers upon Congress to establish "uniform Laws on the subject of Bankruptcies." U.S.Const. art. I, § 8, cl. 4. … A fair reordering such as this of the competing claims of creditors to available funds of a bankrupt should be immune to a taking challenge.