Case law

United States v. Ronald G. Ritsema

31 F.3d 559 · Court of Appeals for the Seventh Circuit · Aug 4, 1994

We will not reverse factual determinations underlying the application of the guidelines unless they are clearly erroneous. United States v. Gio, 7 F.3d 1279, 1289 (7th Cir.1993). … Hence, in order for a sentencing court to grant a defendant a reduction of his offense level for acceptance of responsibility, a defendant must “clearly demonstrate!

In Re the Special February, 1975 Grand Jury. In Re the Special April, 1977 Grand Jury. Appeal of James E. Baggot

662 F.2d 1232 · Court of Appeals for the Seventh Circuit · Nov 20, 1981

Under the principle established in that case, it would appear that some of the documents in the present case, in any event, should have been disclosed. These were the “Memorandum to File” prepared by the Assistant U. S. … The Lassar memorandum was clearly a work product of the attorney and it appears to me that on its face it reveals nothing about what occurred before the grand jury.

Shango v. Jurich

681 F.2d 1091 · Court of Appeals for the Seventh Circuit · Jun 23, 1982

The issuance of the injunctions on equal protection grounds thus clearly constituted an abuse of discretion. … Under some circumstances, however, a state created interest may be viewed as being qualified by limited procedural protections. See Arnett v.

United States v. Simmons, Frank W.

Court of Appeals for the Seventh Circuit · Jun 13, 2000

We review a district court’s decision to depart for abuse of discretion and accept the findings of fact underlying such a departure unless clearly erroneous. See United States v. … Simmons briefly argues that his consultation of counsel immunizes him from contempt, but "an attorney may not exculpate his client of contempt by advising him to disobey an order of the court."

Tahir Useinovic v. Immigration and Naturalization Service

313 F.3d 1025 · Court of Appeals for the Seventh Circuit · Dec 27, 2002

The INA gives to the Attorney General the discretionary power to grant asylum to an alien who qualifies as a “refugee” under 8 U.S.C. § 1101 (a)(42). 8 U.S.C. § 1158 (b)(1). … This was an issue that Useinovic clearly could have brought to the attention of the BIA.

Sequoia Books, Inc. v. Dallas Ingemunson, in His Capacity as State's Attorney of Kendall County, Illinois, and Kendall County, Illinois

901 F.2d 630 · Court of Appeals for the Seventh Circuit · Jun 12, 1990

In general terms, qualified below, the O’Brien test for constitutionality applies to government regulation of unprotected speech when that regulation has the effect of impinging on protected speech. … The forfeiture provisions do not independently establish a civil forfeiture system.

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.

Union Stock-Yards & Transit Co. v. Western Land & Cattle Co.

59 F. 49 · Court of Appeals for the Seventh Circuit · Dec 1, 1893

If the contract constitutes a bailment of personal property, and Hall was an agister, the judgment is clearly right. … We cannot indulge a strained construction of the stipulation to qualify the clear intent of the agreement considered in its entirety.

United States v. Hamza Dridi

952 F.3d 893 · Court of Appeals for the Seventh Circuit · Mar 13, 2020

Sometimes, employees would be approached by custom- ers who could not afford a car without a loan and did not qualify for a consumer loan. … An error is plain when “the law at the time of appellate review shows clearly that [the deviation] was an error.” United States v. Pierson, 925 F.3d 913, 919 (7th Cir. 2019).

United States v. Nunez

627 F.3d 274 · Court of Appeals for the Seventh Circuit · Nov 30, 2010

In order to qualify for the safety valve adjustment, the defendant bears the burden of proving each of the five requirements by a preponderance of evidence. Montes, 381 F.3d at 634. … It, thus, clearly relied, at least in part, on the limits Nunez placed on his second debriefing in reaching its sentencing decision. See Lechner, 341 F.3d at 639.

John M. Shank, Jr., and Access International Markets, Ltd. v. William R. Hague, Inc.

192 F.3d 675 · Court of Appeals for the Seventh Circuit · Sep 20, 1999

But we qualified this generalization by noting that this expansion is limited by competing policies. As we explained: One of the most firmly established principles of the common law is that competition is not a tort. … In analyzing a novation that substitutes parties, a court must consider whether “the evidence clearly show[s] consent by all the parties.”

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.

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.

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.

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.

UIRC-GSA Holdings, LLC v. William Blair & Company, L.L.C.

90 F.4th 908 · Court of Appeals for the Seventh Circuit · Jan 12, 2024

To qualify for copyright protection, a work must be origi- nal to the author. Feist, 499 U.S. at 345. Originality is the glue holding copyright law together. … First, UIRC’s bond documents could resemble advertise- ments, which “are clearly copyrightable.” 1 NIMMER, supra, § 2A.08(G)(4).

Eula Mae Fisher, for Herself and All Others Similarly Situated v. The Secretary of the United States Department of Health, Education, and Welfare

522 F.2d 493 · Court of Appeals for the Seventh Circuit · Sep 24, 1975

establish both the amount of wages paid and the time of payment. … By applying the well established standards discussed above, the argument lacks substantiality. III.

Michelle Gilbank v. Wood County Department of Human Services

Court of Appeals for the Seventh Circuit · Aug 1, 2024

Nor does it assert that our established Rooker- Feldman precedents have been causing active mischief and harm. … Rather, we are cleaning up our case law and clearly articulating how Exxon is to be applied in our circuit.

Robert Kubat, Cross-Appellee v. James Thieret, Warden, and Neil F. Hartigan, Attorney General of Illinois, Cross-Appellants

867 F.2d 351 · Court of Appeals for the Seventh Circuit · Mar 15, 1989

perjury to annul her second marriage to him, the fact that she had attempted to have him arrested on a previous occasion, and the fact that she was testifying in exchange for immunity. … The evidence clearly established aggravated kidnapping. We do not believe that there was a reasonable probability that had the unlawful restraint instruction been given the outcome would have changed. C.

LeTran Tran v. Minnesota Life Insurance Comp

Court of Appeals for the Seventh Circuit · Apr 29, 2019

This opinion does not purport to establish a per se rule on insurance coverage for autoerotic asphyxiation. … Findings of fact “must not be set aside unless clearly erroneous[.]” Fed. R. Civ. P. 52(a)(6).