Case law

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

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.

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.

Rice, Kevin v. McCann, Terry

Court of Appeals for the Seventh Circuit · Aug 6, 2003

The Supreme Court also warns that under AEDPA we are not at liberty to issue a writ of habeas corpus based on our “independent judgment that the relevant state court decision applied clearly established federal law erroneously … Pugh’s prior statements in light of the reliability factors identified in Chambers, and logically concluded that Pugh’s suppression hearing testimony was properly excluded at trial because it was untrustworthy and did not qualify

Central States, Southeast and Southwest Areas Pension Fund and Howard McDougall Trustee, Plaintiffs-Appellees/cross-Appellants v. Nitehawk Express, Inc., Six Transfer, Inc., Interstate Express, Inc., Midwest Jobbers Terminals, Inc. And James Lacasse, Defendants-Appellants/cross-Appellees

223 F.3d 483 · Court of Appeals for the Seventh Circuit · Aug 4, 2000

Specifically, Congress established three conditions for exemption. First, the buyer must assume an obligation to make contributions to the plan at substantially the same level as the seller's contribution. … In the present case, the Fund explains that it did not view Transfer's withdrawal as causing the required three-year drop in contributions to qualify as a partial withdrawal.

Union Carbide Corp. v. State Board Of Tax Commissioners

992 F.2d 119 · Court of Appeals for the Seventh Circuit · Apr 27, 1993

Background 7 Companies furnish rail cars to common carriers for use in interstate commerce and thus qualify as "railroad car compan[ies]" under Ind.Code § 6-1.1-8-2(10). 2 On September 27, 1991 Indiana's State Board of Tax … They suggest instead that the equitable doctrine of laches should apply or, in the alternative, that Code § 6-1.1-26-1, which allows three years to file a claim for a refund of taxes wrongly collected, establishes a more

Youakim v. Miller

562 F.2d 483 · Court of Appeals for the Seventh Circuit · Sep 27, 1977

weakened, however, by the examples following the general definition: 6 a: rearing the child of another 7 b: brought up by someone other than one's natural parent 8 c: reared in the same family but not of the same parentage. 9 Clearly … Here also, the DCFS is mandated by state law to establish rules and regulations concerning its operations of programs for foster care.

The Apex Electrical Manufacturing Company, Individually and as Trustee v. Altorfer Bros. Company, the Apex Electrical Manufacturing Company and J. G. De Remer Research Corp. v. Altorfer Bros. Company

238 F.2d 867 · Court of Appeals for the Seventh Circuit · Nov 26, 1956

Qualified expert witnesses testified for both plaintiffs and defendant. … There was conflicting testimony before the court on the question of infringement, and as there is substantial evidence to sustain the trial court's findings thereon, and it appears to us that such findings were not clearly

United States v. Rand, Daniel D.

Court of Appeals for the Seventh Circuit · Apr 5, 2005

It was part of the conspiracy that the defendants: (1) obtained the names and social security numbers of employees of the Gary Community School Corporation, Gary, Indiana, in order to establish … Rand’s guilty 8 No. 04-1572 plea, concerning an organized identity-theft conspiracy, clearly qualifies as such a case.

Scott, Russell A. v. Trump IN Inc

337 F.3d 939 · Court of Appeals for the Seventh Circuit · Jul 28, 2003

Appellants contend that it was, arguing that both the life raft and the crane qualify as appurtenances. Appellants liken their case to Gutierrez v. … Clearly, the life raft was a part of the Trump Casino’s usual gear. Additionally, a satisfactory life safety system was required to allow the Trump Casino to operate.

United States v. Varnador Sutton

Court of Appeals for the Seventh Circuit · Sep 28, 2009

The enrollment application listed one individual qualified to oversee the counseling services—Dr. Ruth Haggerty, a PhD in clinical psychology. Dr. … The district court’s conclusion that Sutton bore responsi- bility for the entire $9 million is not clearly erroneous.

United States v. Anthony A. Smith

250 F.3d 1073 · Court of Appeals for the Seventh Circuit · May 8, 2001

Ross, 468 U.S. 1, 16 , 104 S.Ct. 2901 , 82 L.Ed.2d 1 (1984), petitioner’s claim does not qualify as such. … As we clearly stated in Engle v.

Skolnick v. Mayor of Chicago

415 F.2d 1291 · Court of Appeals for the Seventh Circuit · Aug 18, 1969

We find therefrom some facts to be clearly established. The present City Council was elected for four years in 1967. The next regularly scheduled election will be conducted on February 23, 1971. … It seems clearly established the only reliable method to determine the City’s present population would be by a special census, that is by a physical “head count.”

Lamont Bailey v. E. Roob, Jr.

Court of Appeals for the Seventh Circuit · Jun 8, 2009

Background The Medicaid for the Disabled program in Indiana provides medical coverage and benefits to individuals who suffer from a qualifying disability. … 7 was clearly erroneous.”

Simeon Palay v. United States

349 F.3d 418 · Court of Appeals for the Seventh Circuit · Nov 12, 2003

Thus, where a “federal statute, regulation, or policy prescribes a course of action for an employee to follow” and the employee deviates from that course, his/her acts are not immune from suit. … However, the decision at issue still must fall within the actor’s realm of *430 responsibility in order to qualify for the exception.

Narvaez v. United States

674 F.3d 621 · Court of Appeals for the Seventh Circuit · Jun 3, 2011

It is well-established, however, that the Due Process Clause ap *627 plies to certain aspects of the sentencing process. See Hicks v. … This error clearly constitutes a miscarriage of justice. The Government is correct that Mr. Narvaez does not have an absolute right to a lower sentence.

Reliable Money Order, Inc. v. McKnight Sales Co.

704 F.3d 489 · Court of Appeals for the Seventh Circuit · Jan 9, 2013

The court, however, “doubt[ed] that [a violation of Rule 7.3(c)] qualifies as the ‘most egregious misconduct’ ” so as to require denial of class certification. Id. at *7. … Thus, the district court did not clearly err in certifying the class despite these alleged ethical viola- tions. 3.

Sammie Kelley, Jr. v. Willie Rockett

989 F.2d 502 · Court of Appeals for the Seventh Circuit · Feb 26, 1993

The bottom portion of the disciplinary report received by Kelley provides for witness requests; the instructions clearly state "Detach and Return to the Adjustment Committee or Program Unit Prior to the Hearing." … Qualified immunity 17 Kelley mistakenly believes that the district court granted qualified immunity to the defendants. The district court never made such a ruling.

Alan F. Segal and Kathleen W. Segal v. Commissioner of Internal Revenue

41 F.3d 1144 · Court of Appeals for the Seventh Circuit · Dec 27, 1994

Initially, we note the basic principle that the Tax Court’s findings of fact may not be disturbed on appeal unless they are clearly erroneous. Commissioner v. … Thus there is ample evidence in the record to establish that there was a reasonable certainty a network agreement would be signed and the note would convert. The movie’s lack of cover does not alter this conclusion.

United States v. Board Of School Commissioners Of City Of Indianapolis

541 F.2d 1211 · Court of Appeals for the Seventh Circuit · Jul 16, 1976

We fail to see how the district court abused its discretion when it was clearly acting within the guidelines of Milliken. … Bradley was qualified by the specific direction to "(De)termine whether the establishment of the Uni-Gov boundaries without a like reestablishment of IPS boundaries warrants an inter-district remedy within Uni-Gov in accordance