Case law

United States v. Michael L. Carmack, Sr., and Patricia A. Besse

100 F.3d 1271 · Court of Appeals for the Seventh Circuit · Nov 15, 1996

Carmack was, admittedly, a Career Offender under the sentencing guidelines because he was older than 18, had at least two qualifying prior felony convictions, and his crime of conviction involved drugs. … Judge Riley stated that he was “of the opinion that the government did not establish enough underneath the new findings of the Bailey case to make the weapon includable as an enhancement in this ease.”

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.

Illinois Conference of Teamsters & Employers Welfare Fund v. Mrowicki

44 F.3d 451 · Court of Appeals for the Seventh Circuit · Dec 29, 1994

On August 26, 1992, the district court granted summary judgment to the Fund on the issue of liability, holding that the language of Article 25, ¶¶ 1 & 2 of the CBAs, see supra, n. 6, clearly established Double M’s owner-operators … But there is nothing in the record to indicate that any new guidelines were ever established.

Hayim Kalmich v. Karl Bruno

553 F.2d 549 · Court of Appeals for the Seventh Circuit · Jun 28, 1977

The same conclusion would be reached if the limitation was in a different statute, provided it was directed to the newly created liability so specifically as to warrant saying that it qualified the right. … First, no specific time limitation is included in Section 1 (the provision establishing the civil cause of action).

Sands, Taylor & Wood v. The Quaker Oats Company

34 F.3d 1340 · Court of Appeals for the Seventh Circuit · Sep 13, 1994

Having established as a baseline a reasonable royalty of over $10 million, the court then addressed whether the award ought to be enhanced. … Clearly, STW had the exclusive right to use the Thirst-Aid mark (in the circumstances relevant to this case).

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.

69 Fair empl.prac.cas. (Bna) 1183, 67 Empl. Prac. Dec. P 43,836 Peter C. Americanos v. Pamela Carter, in Her Personal Capacity and in Her Official Capacity as the Attorney General of Indiana, Dennis P. Lee, in His Personal Capacity and in His Official Capacity as Chief of Staff of the Attorney General of Indiana, David Hamilton, in His Personal Capacity

74 F.3d 138 · Court of Appeals for the Seventh Circuit · Jan 9, 1996

further maintains that the district court had insufficient factual information before it concerning his specific duties as a DAG to grant the motion to dismiss. 12 "Although the practice of [political] patronage dismissals clearly … The plaintiff's mere participation in these types of discussions establishes that he had "meaningful input" into deciding how to handle legal issues for the state.

United States v. DeSilva, Johnny J.

Court of Appeals for the Seventh Circuit · Oct 12, 2007

Walton objected to the enhancement in the district court on the ground that the guidelines provision applied only if the defendant received more than one qualifying image. … That is similar to this case, in that DeSilva asserts that the district court failed to identify the participants in the role in the offense enhancement, yet defense counsel clearly indicated that he was not making any such

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.

State Wholesale Grocers, an Illinois Corporation, Plaintiffs v. The Great Atlantic & Pacific Tea Company, a New Jersey Corporation

258 F.2d 831 · Court of Appeals for the Seventh Circuit · Sep 23, 1958

We are thus not confronted here with the provision of Federal Rules of Civil Procedure, 52(a), that findings of fact shall not be set aside unless clearly erroneous. United States v. E. I. … However, to ensure ■ appropriate benefits to all qualified customers, the Commission expects the seller to offer bona fide alternative means enabling all buyers to participate in some form.

Darrel Dunham, Trustee-Appellant v. Fredric J. Kisak

192 F.3d 1104 · Court of Appeals for the Seventh Circuit · Oct 4, 1999

The trustee again appeals, arguing that the record lacks the clear and convincing evidence necessary to establish a resulting trust under Illinois law. … The transfer of a property interest that the debtor holds in trust for another person will not qualify for this purpose. See In re Maple Mortgage, supra, 81 F.3d at 595 .

John W. Fisher and Richard R. Kirchhoff v. Transco Services-Milwaukee, Inc.

979 F.2d 1239 · Court of Appeals for the Seventh Circuit · Dec 29, 1992

This would clearly not further the purpose of the ADEA. For the above reasons, we believe that the appellants have effectively created a rebuttable presumption of discrimination. … For instance, the second element is sometimes phrased "that an employee was qualified". However, qualification is generally described in terms of meeting an employer’s expectations.

United States v. Skoien

614 F.3d 638 · Court of Appeals for the Seventh Circuit · Jul 13, 2010

The first federal statute disqualifying felons from pos- sessing firearms was not enacted until 1938; it also dis- qualified misdemeanants who had been convicted of violent offenses. … That firearms cause injury or death in domestic situa- tions also has been established.

Faye M. Oest v. Illinois Department of Corrections

240 F.3d 605 · Court of Appeals for the Seventh Circuit · Feb 14, 2001

As we have noted, allegedly discriminatory remarks qualify as direct evidence if they are “related to the employment decision in question.” Robin, 200 F.3d at 1089 . … Oest nevertheless contends that the requisite causal link was established.

Skolnick v. Mayor And City Council Of Chicago

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

It clearly appears that Messrs. … We find therefrom some facts to be clearly established. 30 The present City Council was elected for four years in 1967. The next regularly scheduled election will be conducted on February 23, 1971.

Nathan Antoine v. Anthony Ramos

Court of Appeals for the Seventh Circuit · Dec 5, 2012

To establish a prima facie case of retaliation, an inmate must produce evidence that (1) he engaged in constitutionally protected speech, (2) he suffered a deprivation likely to deter protected speech; and (3) his protected … And though Robertson presses his defense of qualified immunity (which he raised in the district court), that defense offers him no protection because a prisoner’s First Amendment right to file grievances is clearly established

United States v. Wilbert Lewis

910 F.2d 1367 · Court of Appeals for the Seventh Circuit · Aug 14, 1990

Instead, Lewis merely argues that ample evidence was offered to establish the joint venture without resorting to references to his gang membership. … The government introduced evidence at the sentencing proceeding that Lewis had four previous convictions for burglary and robbery, thus qualifying him for the enhancement provision.

Eli Sutker v. Illinois State Dental Society

808 F.2d 632 · Court of Appeals for the Seventh Circuit · Feb 2, 1987

In his view, the denturist's own evidence "establishes that the law is rational." Id. at 1842. … B. 18 The Act is clearly an exercise of Illinois' police power authority to regulate matters of health and safety.

Voyager 1000 v. Civil Aeronautics Board

489 F.2d 792 · Court of Appeals for the Seventh Circuit · Nov 14, 1973

The adds [sic] clearly stated that the trips were available only to Voyager members. … It is not clear how the establishment of a prior affinity among Voyager’s members would help petitioner’s ease.

American Meat Institute v. Environmental Protection Agency

526 F.2d 442 · Court of Appeals for the Seventh Circuit · Nov 24, 1975

Nor does the record contain information on whether plants in one subcategory tend to use processes that produce a higher waste load than those used by plants in the other subcategory. 40 What does appear clearly from the … A similar regulation could be established to govern EPA approval of state-issued permits.