Case law

United States v. Robert S. Luce

873 F.3d 999 · Court of Appeals for the Seventh Circuit · Oct 23, 2017

To qualify for FHA insurance, a loan must be made and held by an approved mortgagee. One type of covered lender, or mortgagee, is a “loan correspondent.” … Luce also maintains that the Government failed to establish that he signed and submitted a 2006 V-form. See Appellant’s Br. 16. We disagree.

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.)

James Small, Jr. v. Superintendent Jeff Endicott and Kenosha County Circuit Court, 1

998 F.2d 411 · Court of Appeals for the Seventh Circuit · Jun 22, 1993

Recently we have had occasion to consider the well-established principles governing the right of someone accused of a criminal offense to be present at his trial. See United States v. … Although what qualifies as an important stage of the proceeding will vary from case to case, a defendant need not be present at a pretrial hearing where only preliminary matters of a procedural nature are at stake.

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.

Earls, Fairly W. v. McCaughtry, Gary

Court of Appeals for the Seventh Circuit · Aug 16, 2004

In those cases, a writ may not be granted unless the state court proceedings resulted in a decision that was contrary to, or involved an unreasonable applica- tion of, clearly established Federal law. 28 U.S.C. § 2254(d)( … We review these claims under the framework established in Strickland v. Washington, 466 U.S. 668 (1984).

Yu Tian Li v. United States

648 F.3d 524 · Court of Appeals for the Seventh Circuit · Aug 4, 2011

As we noted above, the evidence clearly indicated that Li’s covert acts were taken in a purposeful attempt to violate the law. … We do not find this conclusion to be clearly erroneous. The court provided Li with a translator in his native language.

Hoosier Energy Rural Electric Cooperative, Inc. v. Amoco Tax Leasing IV Corp.

34 F.3d 1310 · Court of Appeals for the Seventh Circuit · Sep 9, 1994

And contrary to Hoosier Energy’s position, there is no ambiguity as to whether this provision bars “non-contract” claims — it clearly does. … “It is a basic tenet of contract law that ‘[bjefore liability can arise on a promise qualified by conditions expressed or implied in fact, such conditions must be fulfilled.’ ” Morse v.

Glenn E. Jones v. Union Pacific Railroad Company

302 F.3d 735 · Court of Appeals for the Seventh Circuit · Sep 10, 2002

Jones clearly meets parts one (he is a racial minority) and three (he was terminated from his job). … Next Jones asserts that pretext is evidenced by the fact that what he did does not qualify as insubordination or quarreling under the employee policy, therefore Union Pacific’s proffered reasons for firing him are false.

Grann v. City of Madison

738 F.2d 786 · Court of Appeals for the Seventh Circuit · Jun 25, 1984

Defendant cannot claim that Croal and plaintiffs are really the same people as they clearly are not. … The Commission designates state agencies that qualify under 706(c) of Title VII as "706 Agencies.” 29 C.F.R. § 1601.70 (a) (1983).

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 v. Juan Herrero Jose Guillermo Haro and Armando N. Martinez

893 F.2d 1512 · Court of Appeals for the Seventh Circuit · Jan 16, 1990

Because the extrinsic evidence in this case concerning the preparation of the interviewers’ notes so clearly established that they did not fall within the definition of Jencks Act statements, there was no need to conduct … As in Diaz , Jose Haro “performed several acts that, if knowingly and intentionally carried out, would clearly establish [his] involvement in the conspiracy.” Diaz, 876 F.2d at 1354 .

Dr. Franklin Perkins School, and Cross-Appellee v. Dr. Arthur J. Freeman, and Cross-Appellant. Arthur J. Freeman and Rhea J. Freeman, and Cross v. Dr. Franklin Perkins School, and Cross-Appellant

741 F.2d 1503 · Court of Appeals for the Seventh Circuit · Sep 17, 1984

This rationale is clearly inapplicable to the present case since it assumes that the party had full knowledge of the charges while he used the service. … Freeman emotional distress 25 On appeal the School asserts that it has statutory immunity from tort liability in excess of $20,000 under Massachusetts law since it is a charitable corporation. See Mass.Gen.

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).

Air Line Pilots Ass'n, International v. UAL Corp.

874 F.2d 439 · Court of Appeals for the Seventh Circuit · May 4, 1989

On the other hand, the district judge found that section B(l)(b) was inserted solely to thwart the pilots’ takeover bid, and this finding is not clearly erroneous. … A joint arbitration procedure including all parties will be established for the settlement of any dispute over market wages, benefit levels and work rules for all employee groups.

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

Heiar v. Crawford County

746 F.2d 1190 · Court of Appeals for the Seventh Circuit · Aug 20, 1984

A third argument, that the Eleventh Amendment immunizes counties from having to pay federal money judgments, has no possible merit after Mackey v. Stanton, 586 F.2d 1126, 1130-31 (7th Cir.1978). … (Another such case, even more clearly distinguishable, is Val Decker Packing Co. v. Corn Products Sales Co., 411 F.2d 850, 851-52 (6th Cir.1969).)

Central States, Southeast & Southwest Areas Pension Fund v. Bell Transit Co.

22 F.3d 706 · Court of Appeals for the Seventh Circuit · Apr 21, 1994

That it did not, when it clearly knew how, demonstrates that Congress did not wish to impose withdrawal liability here. … Section § 1384(a)(3)(A) clearly does not refer to itself by the use of the word “subsection.”

Daniels v. USS Agri-Chemicals

965 F.2d 376 · Court of Appeals for the Seventh Circuit · Jun 5, 1992

Complaints are to be construed liberally; the court “should ask whether relief is possible under any set of facts that could be established consistent with the allegations.” … It is true that Daniels’ petition to the court seeking appointment as her husband’s personal administrator contained two false statements: (1) that she was qualified to act as administrator under ch.

United States v. Rand, James H.

Court of Appeals for the Seventh Circuit · Apr 6, 2007

Kalady clearly murdered White and, viewing the evi- dence in the light most favorable to the government, Rand clearly aided and abetted that nefarious act. But did Rand violate § 1512? We think the answer is “yes.” … While both cases held that a witness killing qualifies for pros- ecution under § 1512, neither went so far as to mandate that the victim must be a witness. Likewise, Rand argues that United States v.

N.I.S. Corp. v. Hallahan (In re Hallahan)

936 F.2d 1496 · Court of Appeals for the Seventh Circuit · Jul 10, 1991

Post-employment restrictions generally must be qualified as to time and area and be no greater than fairly required to protect the employer. Id. … Also, under Illinois law, 6 lost future profits need not be established by detailed or direct proof, Vendo Co. v.