Case law

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.

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.

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.”

Feruz Y. Ememe v. John D. Ashcroft, Attorney General of the United States

358 F.3d 446 · Court of Appeals for the Seventh Circuit · Feb 12, 2004

Lastly, the immigration judge concluded that Ememe did not otherwise establish that she had endured past persecution or had a well-founded fear of future persecution. … Analysis An alien seeking asylum must establish that she qualifies for refugee status by showing that she is “unable or unwilling to return to, and is unable or unwilling to avail [herjself ... of the protection of, that

Rene Galvan, Jr. v. State of Indiana

117 F.4th 935 · Court of Appeals for the Seventh Circuit · Sep 11, 2024

The defendants maintain that there is no evidence that Galvan’s termination was based on sex or race, and that the evidence establishes that Galvan’s performance was deficient regarding his judgment as to child safety and … The defendants also argued that defend- ant Crum was entitled to qualified immunity from the suit.

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.

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.

Fed. Sec. L. Rep. P 93,222 Paul Mueller and Gabriel Wolff v. Herbert F. Korholz

449 F.2d 82 · Court of Appeals for the Seventh Circuit · Sep 21, 1971

Two well qualified experts 6 *87 testified that such a block has a greater value per share than individual shares. … Third, plaintiff correctly points out that the market quotations are for 100 share lots and do not establish the value of a block of several hundred thousand shares.

Daniel Minnick v. Carolyn Colvin

775 F.3d 929 · Court of Appeals for the Seventh Circuit · Jan 7, 2015

The ALJ established the RFC in reliance on Minnick’s testimony and the opinions of several, but not all, treating and reviewing physicians. … The Listings specify the criteria for qualifying impairments. Id. (citing 20 C.F.R. § 404.1525(a)).

Retired Chicago Police Ass'n v. City of Chicago

76 F.3d 856 · Court of Appeals for the Seventh Circuit · Feb 13, 1996

The plaintiff bears the burden of establishing that it meets the required elements of standing. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 , 112 S.Ct. 2130, 2136 , 119 L.Ed.2d 351 (1992). … We commented in RCPA I that the district court would likely encounter these conflicts again in determining whether the RCPA qualified for associational standing.

Kansas City Southern Railway Co. v. Sny Island Levee Drainage District

831 F.3d 892 · Court of Appeals for the Seventh Circuit · Aug 3, 2016

The annual assessment has been based on a per-acre formula since its establishment in 1961; it is adjusted for infla- tion. … III Because the Railroads have not identified any legal error, abuse of discretion, or clearly erroneous factual finding on the part of the district court, that court’s judgment is AFFIRMED.

United States v. Daniel L. Balzano

916 F.2d 1273 · Court of Appeals for the Seventh Circuit · Oct 30, 1990

The evidence in the record not only clearly, but convincingly, establishes that Balza-no knowingly used tactics of intimidation against Mofreh. … The defendant has clearly not established any prejudice stemming from the allegedly deficient performance; indeed, aside from his unsupported, conclusory statement, he has alleged none.”).

Molon Motor & Coil Corp. v. National Labor Relations Board

965 F.2d 523 · Court of Appeals for the Seventh Circuit · Jun 19, 1992

In the Board’s view, this statement clearly informed the employees that they had only one option if they did not wish to lose their jobs: return to work. … Molon argues that the Board was not entitled to weigh this admission because opening statements do not qualify as evidence. See, e.g., United States v.

Lara-Ruiz, Ricardo v. INS

Court of Appeals for the Seventh Circuit · Mar 6, 2001

"The power to expel or exclude aliens [is] a fundamental sovereign attribute exercised by the Government’s political departments," which is "largely immune from judicial control." Fiallo v. … If he could demonstrate that the certain equitable considerations qualify him for "readmission," then he could be granted a waiver of inadmissibility, thereby evading removal.

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

United States v. Ali Akram

152 F.3d 698 · Court of Appeals for the Seventh Circuit · Aug 12, 1998

The government tries to establish the statements’ materiality by making one broad argument and one narrow one. … So qualified, we agree with the government that Akram’s false statements on this record crossed the materiality threshold.

In re Chicago, Milwaukee, St. Paul & Pacific Railroad

830 F.2d 758 · Court of Appeals for the Seventh Circuit · Sep 28, 1987

We do not believe that simple footnote was sufficient to qualify as the filing of a formal proof of claim. … CONCLUSION The government is entitled to interest on its tax claim at the rate established in the modified 1985 Plan approved by the reorganization court.

Melody J. Culver v. Gorman & Company

416 F.3d 540 · Court of Appeals for the Seventh Circuit · Jul 20, 2005

This short 72-hour period clearly gives rise to an inference of suspicious timing. But this is not the only evidence of retaliation. … Culver’s undisputed refusal to answer Schroeder’s request for information appears to qualify as disobedience or defiance even if about a relatively trivial matter.