Case law

Demos, Alan L. v. City of Indianapolis

Court of Appeals for the Seventh Circuit · Aug 30, 2002

the keeping by a supervisor of production or sales records of his own subordinates for use in super- vision or control [is] exempt work.”10 Therefore, Graham’s challenge fails for two reasons: his primary duties were all clearly … Both of these fac- tors qualify him as an exempt employee under three separate sections of the regulations. See 29 C.F.R. §§ 541.119(a), 541.1(f), 541.103.

Tranzact Technologies, Ltd. v. Evergreen Partners, Ltd. And Kellogg Associates, Inc.

366 F.3d 542 · Court of Appeals for the Seventh Circuit · Apr 28, 2004

It found, however, that although Tranzact intended to pay and the advisors intended to receive an investment banking fee upon the completion of a qualifying transaction, the terms of Section 4’s fee provision are too indefinite … Cornell Forge Co., 183 F.3d 598, 606 (7th Cir.1999) (reversing sua sponte judgment because plaintiff “presented enough evidence” to establish a viable claim).

United States v. Robert Stochel

Court of Appeals for the Seventh Circuit · Aug 27, 2018

Background The Schwartz family established the Tip Top Supermar- ket in Gary, Indiana, in the 1950s. … Acceptance of Responsibility A defendant qualifies for a two-point reduction in his of- fense level under the Guidelines if he “clearly demonstrates acceptance of responsibility for his offense.”

United States v. James M. Turner

400 F.3d 491 · Court of Appeals for the Seventh Circuit · Mar 3, 2005

Any reasonable person watching all of these strange dealings would clearly believe something was amiss. B. , Internal Revenue Service Agent Hinesley’s Testimony 1. … There is no dispute that Hinesley was technically qualified to testify as an expert; her qualifications are found throughout her testimony.

Mary Ellen Thomason v. Aetna Life Insurance Company

9 F.3d 645 · Court of Appeals for the Seventh Circuit · Nov 9, 1993

Thomason had turned sixty, however, he did not qualify under the written terms of the plan for extended life insurance free of premium payments. … While the insured might not, in such a case, have relied to his detriment on the representation that he was insured (although it is easy to see how detrimental reliance could arise in such a case), clearly the insurer is

Kelsay v. Consolidated Rail Corporation

749 F.2d 437 · Court of Appeals for the Seventh Circuit · Nov 21, 1984

The court found that the officer's prior investigations qualified him as an expert. … Uniroyal, Inc., 420 F.2d 438, 440 (7th Cir.1970), we find no reversible error in the decision that the officer was qualified as an expert.

Tracy Williams v. Brandon Brooks

809 F.3d 936 · Court of Appeals for the Seventh Circuit · Jan 5, 2016

The video clearly depicts the incident. On appeal, Williams raises three main arguments. … These actions are enough to establish probable cause for arrest. See Lopez v. State, 926 N.E.2d 1090, 1093–94 (Ind.

In the Matter of Chicago, Milwaukee, St. Paul and Pacific Railroad Company, Debtor. Appeal of City of Princeville Railroad, the Marinette, Tomahawk & Western Railroad and the Valdosta Southern Railroad

648 F.2d 1261 · Court of Appeals for the Seventh Circuit · May 19, 1981

Both criteria must be met for a claim to qualify for current payment. 8 The principal difficulty with petitioners' argument is that it conveniently overlooks several terminological ambiguities in key phrases of paragraph … The court recognized that the reason for establishing a cutoff date in reorganization proceedings is to separate post-petition expenses from those incurred prior to the filing. 486 F.2d at 530 .

Jessen v. Aetna Life Ins. Co

209 F.2d 453 · Court of Appeals for the Seventh Circuit · Jan 18, 1954

Maher, a qualified and experienced practitioner who specializes in heart diseases. After receiving Mr. … The evidence recounted is undisputed, so that it is established as a fact that when Jessen stated that he had never consulted a physician or specialist for, or had suffered from, any ailment or disease of the heart, blood

Paul Eichwedel v. Brad Curry

696 F.3d 660 · Court of Appeals for the Seventh Circuit · Aug 29, 2012

No. 09-1031 23 writ unless the state court adjudication “resulted in a decision that was contrary to, or involved an unrea- sonable application of, clearly established Federal … AEDPA, however, limits our review to “clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1). The principle espoused by Mr.

United States v. Clifford Olson

846 F.2d 1103 · Court of Appeals for the Seventh Circuit · May 9, 1988

Crum of the Federal Bureau of Investigation (FBI) Laboratory in Washington, D.C. was qualified and testified as a firearms identification expert. … The defendant has clearly not established any prejudice stemming from the allegedly deficient performance; indeed, aside from his unsupported, conclusory statements, he has alleged none.

United States v. Gerald Drasen, Anthony Aleo, and Cynthia Aleo

845 F.2d 731 · Court of Appeals for the Seventh Circuit · Jul 5, 1988

A parts kit qualifies as a weapon under the statute because it has been “designed,” “made,” and is “intended” for use as a weapon. … It is well established that two indictments may be outstanding at the same time for the same offense if jeopardy has not attached to the first indictment.

George Robert Brown v. Russell Lash, Warden, Indiana State Prison

432 F.2d 1129 · Court of Appeals for the Seventh Circuit · Sep 30, 1970

Baker, Public Defender, who had appeared for him at the coram nobis hearing, had failed to provide effective assistance of counsel in establishing coercion. … Baker was a well qualified and experienced attorney, fully capable of *1134 rendering the assistance to which Brown was entitled. Mr. Baker is now deceased, but his associate testified concerning Mr.

United States v. De'Andre Owens

Court of Appeals for the Seventh Circuit · Dec 19, 2025

The prosecutor began by establishing his training and experience using confidential informants to conduct con- trolled buys. … The defense then added, “I don’t know if [the prosecutor has] established him as an expert yet.”

77 Fair empl.prac.cas. (Bna) 1591, 74 Empl. Prac. Dec. P 45,677 Larry Swanson and Gerald Sidenstick, and Patrick Sullivan and Walter Raffe, Plaintiffs-Cross-Appellees v. Leggett & Platt, Incorporated

154 F.3d 730 · Court of Appeals for the Seventh Circuit · Sep 3, 1998

Elting clearly indicated that his first attempt to fix the time was only an estimate. … The significance of this qualified claim is doubtful, since the extent of Elting's autonomy is not described.

Link-Belt Co. v. National Labor Relations Board

110 F.2d 506 · Court of Appeals for the Seventh Circuit · Mar 2, 1940

The admission of Salmons that he had been engaged in union activities on company time must be considered in connection with evidence which clearly established that supporters both of the Union and of the Independent engaged … The Board points out certain qualifying defects in the studies which lessen their value.

Jannotta v. Subway Sandwich Shops, Inc.

125 F.3d 503 · Court of Appeals for the Seventh Circuit · Sep 9, 1997

Thus, a plaintiff seeking to recover punitive damages on a fraud claim must show, in addition to simple fraud, “gross fraud, breach of trust, or ‘other extraordinary or exceptional circumstances clearly showing malice and … Like the district court, we find the evidence in this ease more than sufficient to establish “gross fraud.”

People Who Care v. Rockford Board Of Education

90 F.3d 1307 · Court of Appeals for the Seventh Circuit · Oct 8, 1996

Howard's evidence failed to establish that his requested rate was his actual billing rate. … While each court should certainly arrive at its own determination as to a proper fee, rates awarded in similar cases are clearly evidence of an attorney's market rate. Tolentino v.

United States v. Stitman, Patrick L.

Court of Appeals for the Seventh Circuit · Jan 10, 2007

Stitman argues that the district court clearly erred in applying a three-level enhancement to his sentence under § 2B3.1(b)(2)(E) of the Sentencing Guidelines. … Other circuits, following the Application Notes, have explicitly held that a hand can qualify as such an “object” for purposes of § 2B3.1(b)(2)(E). See, e.g., United States v.

United States v. Mario Rainone

816 F.3d 490 · Court of Appeals for the Seventh Circuit · Mar 14, 2016

In exchange for immun- ity, Cozzo testified that Rainone resided in the southeast bed- room for several months prior to his arrest. … Instead, Rainone asks us to apply the Illi- nois good-faith exception, which is narrower than its federal counterpart, and Illinois state court precedent, which did not clearly permit warrantless GPS surveillance prior to