Case law

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

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.

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

United States v. An Article Of Device

731 F.2d 1253 · Court of Appeals for the Seventh Circuit · Apr 4, 1984

The FDA has framed the prescription device labeling requirement as an exemption, and appellants claim they qualify under it. … A reasonable inference is therefore said to be clearly distinguished from a mere guess or conjecture.

Aleman v. Village of Hanover Park

662 F.3d 897 · Court of Appeals for the Seventh Circuit · Nov 21, 2011

So clear is the absence of probable cause that Carlson cannot take shelter in the doctrine of qualified immunity, which provides a defense if a reasonable officer could have mistakenly believed that probable cause existed … “[W]hen an accused has invoked his right to have counsel present during custodial interrogation, a valid waiver of that right cannot be established by showing only that he responded to further police-initiated custodial interrogation

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.

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. Bailin

977 F.2d 270 · Court of Appeals for the Seventh Circuit · Oct 1, 1992

Again, we affirm. b) as for the non-RICO counts, the defendants had not “pointed to any essential element of a remaining count that is clearly established against the government based on any of the not guilty verdicts.” … In deciding this issue below, the district court held that the “defendants do not point to any essential element of a remaining count that is clearly established against the government based on any of the not guilty verdicts

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.")

29 Fair empl.prac.cas. 1389, 29 Empl. Prac. Dec. P 32,996

686 F.2d 586 · Court of Appeals for the Seventh Circuit · Aug 16, 1982

The Negroes hired between 1948 and 1968 were neither less skilled, less qualified, nor less apt to learn job skills than were the Caucasians hired during the same period. … It found that there being no evidence to the contrary, the Negro plaintiffs had not established that the seniority systems which existed under the collective bargaining agreements between Ladish, the Machinists, and the Die

Eke, Prince H. v. Mukasey, Michael B.

Court of Appeals for the Seventh Circuit · Jan 7, 2008

It was Eke’s burden to “establish[] his or her own inclu- sion and identification with such group of persons . . . .” 8 C.F.R. § 208.16(b)(2)(ii). … The petitioner’s “damaged mouth and missing teeth [made him] . . . unable to speak clearly.” Id.

Eric Ollison v. Gregory Gossett

136 F.4th 729 · Court of Appeals for the Seventh Circuit · May 7, 2025

Samra would be qualified to give her opinion on the care medical professionals provided, she was not qualified to opine on the care Warden Gossett, a nonmedical official, provided.41 Dr. … Brutsche, 881 F.2d 427, 430–32 (7th Cir. 1989) (affirming denial of qualified No. 23-1125 39 immunity for senior officials who failed to correct systemic deficiencies

Miller v. American Airlines, Inc.

525 F.3d 520 · Court of Appeals for the Seventh Circuit · May 5, 2008

The new provision, Supplement U, provides that: In the event a surplus of flight engineers exists, each flight engineer so affected, who is qualified or trainable, will be guaranteed placement within the Company [American … Primedia Special Interest Publ’ns., 217 F.3d 522, 525 (7th Cir.2000) (“To succeed in an ADEA claim, a plaintiff must establish that he would not have received adverse treatment but for his employer’s motive to discriminate

Kidwell v. Eisenhauer

679 F.3d 957 · Court of Appeals for the Seventh Circuit · May 22, 2012

We have noted elsewhere that “an employee’s complaint . . . does not immunize [him] from being subsequently disci- plined or terminated for inappropriate workplace be- havior.” Hall v. Bodine Elec. … Finally, the fifth negative action, which consisted of the department’s attempt to terminate Kidwell, was clearly the result of Kidwell’s failure to pass a fitness-for- No. 11-1929

United States ex rel. Ross v. Franzen

688 F.2d 1181 · Court of Appeals for the Seventh Circuit · Sep 24, 1982

As the majority concedes, the transcript of the conference demonstrates that defense counsel initially and quite clearly requested a straight “not guilty” form. … Moreover, both counsel agreed with the court that the only issue left to be determined by the jury was whether the government had promised the defendant immunity from prosecution.

United States v. Cedric Washington

417 F.3d 780 · Court of Appeals for the Seventh Circuit · Aug 9, 2005

Regardless of the judge’s intentions, the issue was clearly collateral, we doubt that it had an appreciable impact on the jury, and we are confident that it did not cause Washington any prejudice. … Claims of prosecutorial misconduct are analyzed under the framework established by the Supreme Court in Darden v. Wainwright, 477 U.S. 168 , 106 S.Ct. 2464 , 91 L.Ed.2d 144 (1986).

United States v. Trenton

67 F. App'x 932 · Court of Appeals for the Seventh Circuit · Apr 28, 2003

At sentencing the district court held Trenton responsible for approximately 86 grams of crack, but only 50 were needed to qualify him for his assigned offense level of 32. … Blalock, 321 F.3d 686, 690 (7th Cir.2003) (court did not clearly err by relying on witness testimony in calculating drug-quantity).

United States v. James Joseph Leather

271 F.2d 80 · Court of Appeals for the Seventh Circuit · Oct 20, 1959

United States, 69 App.D.C. 10 , 98 F.2d 291, 296 , to the effect that: “Sentencing should not be a game in which a wrong move by the judge means immunity for the prisoner.” … The Court said ( 158 F.2d at page 592 ) that it was estao- *86 lished that the “indictment and plea of guilty really establish but one crime for which there should be one punishment.” (Citing cases.)

Diana K. Hightshue v. Aig Life Insurance Company

135 F.3d 1144 · Court of Appeals for the Seventh Circuit · Feb 4, 1998

Because the Plan gives AIG, as claims administrator, the discretion to pay or deny claims, we will review its decision under the- arbitrary and capricious standard, and will reverse only if it is clearly unreasonable. … Congress established extensive statutory requirements on the provision of information, 29 U.S.C. §§ 1021-24 , and may have intended these provisions to be exclusive.