Case law

In the Matter of CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Debtor. Appeal of CMC HEARTLAND PARTNERS

6 F.3d 1184 · Court of Appeals for the Seventh Circuit · Sep 20, 1993

It approved Milwaukee Road’s plan of reorganization on July 12, 1985, and established a bar date of September 10, 1985 for the filing of any claims, including contingent claims, that may have arisen against Milwaukee Road … Although the issue has been sufficiently briefed for resolution by this court, we clearly' would benefit from the reorganization court’s view of the merits.

National Foundation For Specia v. Devon Reese

Court of Appeals for the Seventh Circuit · Feb 7, 2018

The  Foundation  acts  as  trustee  for  many  qualifying individuals across the country.  … The district court’s laches finding was based on clearly errone‐ ous findings of fact. Givens died in November 2011. 

Charlene Harper v. Vigilant Insurance Company

433 F.3d 521 · Court of Appeals for the Seventh Circuit · Dec 6, 2005

The rationale underpinning this rule of law is that, “[i]n drafting insurance policies, the insurer ‘has the opportunity to clearly word exclusions and limits of liability.’ ” JAM Inc. v. Nautilus Ins. … The question is whether John’s infrequent social visits to his father’s lake house during the effective policy period qualified him as a "resident of [his father's] household,” thereby granting him insured status under the

Arsberry, Katie v. State of Illinois

Court of Appeals for the Seventh Circuit · Mar 19, 2001

The individual defendants have qualified immunity from the damages claims, given the novelty of the suit. … The cases that establish this proposition are old, but that is only because it’s been a long time since anyone thought to make the argument.

Gamez v. Gonzales

126 F. App'x 318 · Court of Appeals for the Seventh Circuit · Mar 21, 2005

Her purported social group is not clearly identified, but it is either her school board, public school teachers, or government employees. … Libeth, who is almost 19, qualifies as a child for purposes of claiming derivative asylum though her mother. 8 U.S.C. § 1158 (b)(3)(B) (children under 21 may claim derivative asy *319 lum); Dandan v.

Stevens, Christopher v. McBride, Daniel

Court of Appeals for the Seventh Circuit · Jun 18, 2007

McBride, 395 F.3d 376, 382 (7th Cir. 2005) (“Ordinarily, § 2254(d) requires that we determine whether the state court’s decision was ‘contrary to, or involved an unreason- able application of, clearly established Federal … Of course, “more than a correct citation is needed to avoid a decision ‘contrary to’ clearly established federal law.” Burgess v. Watters, 467 F.3d 676, 683 (7th Cir. 2006).

United States v. Febus, Roberto

218 F.3d 784 · Court of Appeals for the Seventh Circuit · Jul 14, 2000

And we will uphold the district court’s findings about whether the defendant has provided a fair and just reason unless they are clearly erroneous. Schilling, 142 F.3d at 398. … But we have already established that plea agreements are not "a thing of value" under the statute, and this claim fails. Condon, 170 F.3d at 689.

United States v. George M. Verrusio

803 F.2d 885 · Court of Appeals for the Seventh Circuit · Oct 23, 1986

Wood, 780 F.2d 929, 932 (11th Cir.1986) (breach of immunity agreement); United States v. Stirling, 571 F.2d 708 , 731-32 (2d Cir.1978) (plea bargain); United States v. … Defense counsel immediately stated that “I will have to object on the grounds it is clearly hearsay.” Tr. 21. The government represented that “the Heldt case out of the D.C.

United States v. Paul Dicaro

772 F.2d 1314 · Court of Appeals for the Seventh Circuit · Oct 4, 1985

After consulting with Brown, appointed counsel reported to the court that Brown claimed a lack of memory and that he still planned not to testify notwithstanding the immunity order. … The cases that DiCaro relies upon to establish a Sixth Amendment violation are readily distinguishable from the instant case. In Pointer v.

United States v. Dennis Green, United States of America v. Gladys Davis, United States of America v. Arthur Faulkner, Jr., United States of America v. Edward R. Gayles, United States of America v. Nathanial Spurlark

327 F.2d 715 · Court of Appeals for the Seventh Circuit · Mar 9, 1964

Russano, 257 F.2d 712 (2d Cir. 1958), where the evidence established two conspiracies, with a break between the two. The rule in Kotteakos v. … The instruction told the jury of its right to examine the evidence 'closely and carefully in the light of the common knowledge and experience of mankind * * * and your own' in determining credibility. 17 The court was clearly

Peoples Gas, Light And Coke Company v. United States Postal Service

658 F.2d 1182 · Court of Appeals for the Seventh Circuit · Aug 18, 1981

It is our view that these two statutes serve to remove any barrier that might otherwise exist by reason of the doctrine of sovereign immunity. … Morton, 405 U.S. at 737 , 92 S.Ct. at 1367 , for the proposition that satisfaction of the injury in fact test qualifies a plaintiff to assert a protected public interest, is misplaced.

Young v. Handwork (Two Cases)

179 F.2d 70 · Court of Appeals for the Seventh Circuit · Feb 10, 1950

Joslyn in said trust estates are not property within the meaning of Section 70 of the Bankruptcy Act,” is clearly erroneous. … Bankruptcy proceedings constantly modify and affect the property rights established by state law.”

United States v. Ali

619 F.3d 713 · Court of Appeals for the Seventh Circuit · Aug 27, 2010

The LINK cards of qualified recipients are credited once a month with benefits. Haddad, 462 F.3d at 786. … Thus, the district court’s conclusion was not clearly erroneous.

Marcus Conner v. Dennis Reagle

82 F.4th 542 · Court of Appeals for the Seventh Circuit · Sep 12, 2023

Id. (4) As for prejudice, the court noted that Conner made no argument in that regard “beyond the fact of his incarceration,” and the rec- ord did not otherwise establish that any evidence was lost due to the delay. … However erroneous the advice Sauer gave Conner regarding the timing of his habeas petition, then, it does not qualify as an external obstacle that might warrant eq- uitable tolling.

Jeannette Uwase v. John Ashcroft, Attorney General of the United States

349 F.3d 1039 · Court of Appeals for the Seventh Circuit · Nov 21, 2003

We note that the record, which does not include a copy of the Form 1-20 in question, does not establish who filled out the form, just that Uwase signed it. … Although the IJ considered Uwase’s testimony about the three identification documents contradictory, the record reads quite clearly and does not support the IJ’s adverse credibility finding.

Alex Coatney v. Ancestry.com DNA, LLC

93 F.4th 1014 · Court of Appeals for the Seventh Circuit · Feb 15, 2024

The Terms also say they “are personal” to the signatory, who “may not … assign or transfer any … rights and obligations” established by them. … In Sosa, we rejected Onfido’s argument that it qualified as a third-party beneficiary. Id. at 639–40.

Kohler Co. v. Moen Incorporated, F/k/a Stanadyne, Inc.

12 F.3d 632 · Court of Appeals for the Seventh Circuit · Dec 14, 1993

Under the Chevron doctrine, established in Chevron U.S.A., Inc. v. … First, there is no indication that Moen ever had or could qualify for a design patent on its products.

Grace Ptasznik v. St. Joseph Hospital and Resurrection Health Care

464 F.3d 691 · Court of Appeals for the Seventh Circuit · Sep 21, 2006

Pretext is not necessarily established merely when the plaintiff demonstrates the employer’s reason was mistaken. … The defendants also contended the statements were protected by a qualified privilege that they did not abuse. See, e.g., Poplco, 291 Ill.Dec. 174 , 823 N.E.2d at 190 ; Larson v.

United States v. Daniel A. Kosth

257 F.3d 712 · Court of Appeals for the Seventh Circuit · Jul 18, 2001

It sought to introduce the terms of his supervised release to establish Kosth’s motive for originally establishing the sham ownership arrangement with his wife. … The impropriety of this kind of evasion has long been well established in the case law. United States v.

United States v. Campbell

534 F.3d 599 · Court of Appeals for the Seventh Circuit · Jul 15, 2008

To guard against this risk, the Government must “establish a nexus between the accused and the contraband.” Parra, 402 F.3d at 762 . … Officer Coleman was qualified as an expert without any objection from Mr. Campbell. *605 After reviewing Mr.