Case law

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.

Heather Smith v. Metropolitan School District Perry Township

128 F.3d 1014 · Court of Appeals for the Seventh Circuit · Dec 16, 1997

We do not have a license to amend federal statutes (even "remedial" ones), for that responsibility clearly lies with the Legislature. … Moreover, the Ninth Circuit, in rejecting a claim of qualified immunity advanced by school district officials, also suggested that Title VII principles should apply to a sexual harassment claim advanced under Title IX.

United States v. Jesse K. Hall

142 F.3d 988 · Court of Appeals for the Seventh Circuit · Apr 23, 1998

The affidavits did not rely on the copied files in establishing probable cause. … In the case under consideration, the district court’s application of the sentencing guidelines was not clearly erroneous.

Teymer v. Kraft Foods North America, Inc.

37 F. App'x 206 · Court of Appeals for the Seventh Circuit · May 20, 2002

Looking simply at the termination (which indisputably qualified as an adverse employment action), we cannot see how Teymer could establish that Schumacher was treated better than she was. … In Teymer’s case, the alleged sex discrimination she complains of and the reason for her termination are clearly distinct.

Northside Sanitary Landfill, Inc. v. Thomas

804 F.2d 371 · Court of Appeals for the Seventh Circuit · Oct 23, 1986

On June 9, 1982, the Region V Administrator acknowledged that Northside’s application qualified it for interim status, and noted that a 303 acre-feet process design capacity has been approved for Northside’s facility. … Rather, “[ 40 C.F.R. § 124.19 ] clearly provides that ... permits will not be reviewed unless the Petitioner is able to show that the permit determination is clearly erroneous or involves an exercise of discretion or policy

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.”).

Jaciel Rojas v. Samuel Olson

Court of Appeals for the Seventh Circuit · Jul 30, 2026

And Section 1229a, which governs removal proceedings, specifies that applicants for ad- mission have “the burden of establishing” they are “clearly and beyond doubt entitled to be admitted” with no mention of whether those … Under IIRIRA, an alien who enters the country illegally (and thus has not been “admitted”) is presumptively subject to removal; he bears the “burden of establishing” that he is “clearly and beyond doubt entitled to be admitted

Jaciel Rojas v. Samuel Olson

Court of Appeals for the Seventh Circuit · Jul 30, 2026

And Section 1229a, which governs removal proceedings, specifies that applicants for ad- mission have “the burden of establishing” they are “clearly and beyond doubt entitled to be admitted” with no mention of whether those … Under IIRIRA, an alien who enters the country illegally (and thus has not been “admitted”) is presumptively subject to removal; he bears the “burden of establishing” that he is “clearly and beyond doubt entitled to be admitted

Elliot Ray v. Marc Clements

700 F.3d 993 · Court of Appeals for the Seventh Circuit · Nov 19, 2012

The Supreme Court established the Houston mailbox rule to obviate such objectionable outcomes. … We think the state should have to prove that each of the 365 days it relies on for its affirmative defense actually qualifies as a “countable” day under the statute. See Fleming v.

United States v. Vincent Adams, Robert D. Petty, Jr., Tracy T. Fitzgerald, Charmin Banks and Gregory Hayes

125 F.3d 586 · Court of Appeals for the Seventh Circuit · Nov 21, 1997

The district court’s decision was not clearly erroneous. III. Tracy T. … U.S.S.G. § 2Dl.l(b)(l) establishes a two-level enhancement “[i]f a dangerous weapon (including a firearm) was present.”

United States v. William J. Kelley

864 F.2d 569 · Court of Appeals for the Seventh Circuit · Jan 10, 1989

The advertisement was clearly relevant as evidence to rebut his claim of ignorance. … The advertisement is clearly relevant on the issue of Kelley’s credibility in denying that his company ever gave tax advice.

Vallone v. Cna Financial Corporation

375 F.3d 623 · Court of Appeals for the Seventh Circuit · Jul 15, 2004

erroneous factual findings; or (4) the decision clearly appears arbitrary." … Plan, 195 F.3d 975, 980 (7th Cir. 1999) ("Decisions of ERISA plan administrators presumptively receive de novo review, but if the plan establishes discretionary authority then review will be deferential.")

United States v. Warner

498 F.3d 666 · Court of Appeals for the Seventh Circuit · Sep 6, 2007

See Advisory Committee Notes for Rule 406, emphasizing the need for a "repeated specific situation" before something qualifies as "habit." … Note that the immunity grant covered the jurors' statements "going forward." The record does not reflect whether the U.S.

Hamer v. County of Lake

819 F.2d 1362 · Court of Appeals for the Seventh Circuit · May 15, 1987

The court stated that both decisions conclusively established that substantive federal claims of the sort pursued by the plaintiffs were not properly cognizable in federal court under the Tax Injunction Act. … The plain wording of Christiansburg, directing that an award of fees is appropriate where the claim is frivolous or when "the plaintiff continued to litigate after it clearly became so," clearly requires as much.

Resolution Trust Corp. v. Ruggiero

977 F.2d 309 · Court of Appeals for the Seventh Circuit · Oct 7, 1992

RTC maintains that Ruggiero cannot establish economic duress and, alternatively, that the affirmative defense of economic duress is barred by the doctrine established in D’Oench, Duhme & Co. v. … Indeed, the essence of his claim is that the *317 banks breached an alleged undocumented side agreement, a meritless defense clearly rejected by numerous decisions, beginning with D’Oench itself.

United States v. Swan, Shelia

Court of Appeals for the Seventh Circuit · May 8, 2007

BOURGEOIS: Clearly, we have no evidence that either one of these parties said that. THE COURT: It is an admission through a party opponent through an agent. Overruled. (R. 75-3 at 352-53.) … In questioning Agent Miller, the 10 No. 06-1417 government sufficiently established the agency relation- ship and the scope of that agency in questioning Agent Miller.

United States v. Tangtang Zhao

Court of Appeals for the Seventh Circuit · Jul 24, 2025

In late 2020, the federal govern- ment implemented a vaccination program to immunize the public against the novel coronavirus, COVID-19. … The vaccination cards were clearly not intended to be appropriated by “any other person.”

Tyler Crews, B/n/f Borden Crews, His Father v. Eugene Cloncs, Individually and as Principal of North Central High School

432 F.2d 1259 · Court of Appeals for the Seventh Circuit · Aug 10, 1970

I It is now clearly established that the state does not possess an absolute right arbitrarily to refuse opportunities such as education in public schools or employment in public service. Tinker v. … As well said by Judge Cooley, ‘The right of one’s person may, be said to be a right of complete immunity: to be let alone.’ Richards v. Thurston, supra, 424 F.2d at 1285 .

United States v. Jamie Golden

Court of Appeals for the Seventh Circuit · Dec 16, 2016

And the Grade A label was  appropriate, since Golden’s conduct qualifies as a “crime of  violence” under the U.S. Sentencing Guidelines.  … So Golden  clearly  “use[d]  …  physical  force  against  the  person  of  an‐ other,” U.S.S.G. § 4B1.2(a)(1), and, in doing so, committed a  Grade A violation of his supervised release.  B.