Case law

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.

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.

Broadcast Music, Inc. v. Claire's Boutiques, Inc., D/B/A Claire's Boutiques, and D/B/A Arcadia

949 F.2d 1482 · Court of Appeals for the Seventh Circuit · Dec 11, 1991

It is appropriate instead for the purpose of clarifying an ambiguous statute or, what is often the same thing, applying the statute to a situation not clearly foreseen by the drafters of the statute. … Further Transmission BMI’s final argument is that Claire’s further transmits the music broadcasts it receives in its stores and therefore fails to qualify for the § 110(5) exemption.

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.

United States v. Lacey Lee Koenig and Lee Graf

856 F.2d 843 · Court of Appeals for the Seventh Circuit · Aug 31, 1988

Graf fails to qualify for that sort of standing, however, because he fails to establish even a limited privacy interest in the package. Graf never asserted that he was part owner of the drugs in transit. … The conclusion is not clearly erroneous. Anderson v. City of Bessemer City, 470 U.S. 564 , 105 S.Ct. 1504 , 84 L.Ed.2d 518 (1985).

Scully v. Foster-Wheeler Corporation

178 F.2d 170 · Court of Appeals for the Seventh Circuit · Dec 7, 1949

It appears that Foster-Wheeler, since it was a nonresident and was not registered with the district council and with local labor organizations, was not a qualified contractor in the Chicago area. … The Sub-contractor shall furnish duly qualified and experienced artisans, workmen, foremen and supervisors to carry out th e work to be performed by it under the Contract.

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

People of Illinois v. Sullivan

175 F.2d 282 · Court of Appeals for the Seventh Circuit · Jun 16, 1949

Commonwealth Edison Co., 376 Ill. 70 , 32 N.E.2d 902 , 905: “Clearly, such a method of valuation, as compared with the' method used as to other like property, violated the constitutional and statutory requirements as to uniformity … When the State becomes the actor and files a claim against the fund it waives any immunity which it otherwise might have had respecting the adjudication of the claim.”

Willie Hadley, Jr. v. Pat Quinn

Court of Appeals for the Seventh Circuit · Apr 25, 2013

On cross motions for summary judgment, the district judge (again adopting a magistrate judge’s recommendation) concluded that Davinroy, Chaney, and Engelman were entitled to qualified immunity because, the judge said, Hadley …  did not have a clearly established right to avoid reimprisonment for a violation that occurred within three years of his first release on parole. 

Rasmussen, Faye F. v. Disch, Robert E.

Court of Appeals for the Seventh Circuit · Aug 9, 2005

If she is arguing that orders of discharge are somehow immune from reconsideration because of their very nature, 8 No. 03-3363 we must again disagree. … We do not read Bozeman as establishing such a bright-line rule.

Jeffrey Chaitoff v. Experian Information Solutions

79 F.4th 800 · Court of Appeals for the Seventh Circuit · Aug 14, 2023

The district court determined that any dispute about the agreement’s existence or effect was a legal dispute, meaning Experian was immune from FCRA liability for any errors re- lated to it. We disagree. … * We establish no hard and fast rules about what is or isn’t a reasonable reinvestigation. Experian’s reinvestigations might have been reasonable; they might not have been, too.

John Balderston and John Gabriel v. Fairbanks Morse Engine Division of Coltec Industries, 1

328 F.3d 309 · Court of Appeals for the Seventh Circuit · May 29, 2003

I want to begin our business relationship with you knowing very clearly the types of expectations I have of you in these areas. … But in plaintiffs’ response to summary judgment, Balderston alleged that he could have been but was not considered for Cockerham’s position and that Cockerham was not qualified.

Edward Graham v. Randy Pfister

614 F. App'x 847 · Court of Appeals for the Seventh Circuit · Jun 24, 2015

As the Supreme Court has recently reminded us, for the purposes of § 2254, federal law can be clearly established only by the holdings of that Court. See Woods v. Donald, 135 S. Ct. 1372, 1376 (2015) (per curiam). … Nor can a state court’s decision contravene clearly established federal law if the case does not present a question considered by earlier Supreme Court decisions. See Donald, 135 S. Ct. at 1377.

United States v. Montez D. Jackson

189 F.3d 502 · Court of Appeals for the Seventh Circuit · Aug 24, 1999

in part, provided that Jackson had been advised of his constitutional rights “and fully understanding these, [he] waivefd] them freely and voluntarily, without threat or intimidation and without any promise of reward or immunity … Crack Cocaine Recovered from the Trunk of Jackson’s Car This Court reviews a district court’s legal determinations made with respect to a suppression ruling de novo and reviews factual determinations under the clearly erroneous

United States v. Antonio Owens

424 F.3d 649 · Court of Appeals for the Seventh Circuit · Sep 21, 2005

The picture clearly portrays Owens as a prisoner in police custody. … Clearly Owens was the only one in the lineup of prisoners who had any concern with the purpose of the lineup. As the Supreme Court recognized in Estelle v.

INTL FCStone Financial Inc. v. Louise Farmer

Court of Appeals for the Seventh Circuit · Feb 24, 2020

Corp. 531 U.S. at 86, as needed to qualify the arbitration order as a final decision. … JURIS. § 3949.1 (5th ed. 2019) (“The weight of authority holds that an appeal from a clearly non‐appealable order fails to oust district court authority.”).

INTL FCStone Financial Inc. v. Louise Farmer

Court of Appeals for the Seventh Circuit · Feb 24, 2020

Corp. 531 U.S. at 86, as needed to qualify the arbitration order as a final decision. … JURIS. § 3949.1 (5th ed. 2019) (“The weight of authority holds that an appeal from a clearly non‐appealable order fails to oust district court authority.”).

Darryl N. Veazey v. Communications & Cable of Chicago, Inc., D/B/A Tci Communications, Inc., Chicago Cable Tv, Tci Chicago or Tci-Chicago Cable

194 F.3d 850 · Court of Appeals for the Seventh Circuit · Oct 20, 1999

Of the now established innocent examinees, only 51% were correctly scored as truthful when denying their guilt-- hardly better than simply flipping a coin. 15 3. … '[A]bsent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.'" United States v.