Case law

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.

Michael Witzke v. Michelle Femal, Daniel Benzer, Jim Webb

376 F.3d 744 · Court of Appeals for the Seventh Circuit · Jul 22, 2004

It is apparent that participants in the program are free to leave during the day but must return by an established curfew. Mr. Witzke’s complaint alleges that Mr. Webb was aware that, upon admittance, Mr. … Further, the RCI qualifies as a prison under the statute.

Hondo, Inc. v. Sterling

21 F.3d 775 · Court of Appeals for the Seventh Circuit · Apr 13, 1994

But we need not rest our holding on res judicata because the statute of limitations clearly prevents this litigation. … Local governments are authorized to establish "economic revitalization areas” within their boundaries. Ind.Code. § 6-1.1-12.l-2(a). .

Turner Ozanne v. Hyman Power

111 F.3d 1312 · Court of Appeals for the Seventh Circuit · Apr 17, 1997

The threshold rule is well established: "There is, of course, 'no general federal common law.' " Texas Indus. v. … The analysis, the case law establishes, is a two-pronged inquiry.

Jacinta Downing v. Abbott Laboratories

48 F.4th 793 · Court of Appeals for the Seventh Circuit · Sep 12, 2022

For example, the facts did not establish whether Downing had a history of sig- nificant performance problems. … And the record established that at least some of them left to pursue careers elsewhere.

Tas Distributing Company, Incorporated v. Cummins Engine Company, Incorporated

491 F.3d 625 · Court of Appeals for the Seventh Circuit · Jun 14, 2007

[I]t appears that the epithet certainty is overstrong, and that the standard is a qualified one, of ‘reasonable certainty’ merely, or, in other words, of ‘probability.’ ”). … Moreover, Illinois law, even without reference to the new business rule, clearly requires that damages be proved to a reasonable certainty. E.J. McKernan Co., 191 Ill.Dec. 391 , 623 N.E.2d at 1000 .

Hendricks County Rural Electric Membership Corporation v. National Labor Relations Board

627 F.2d 766 · Court of Appeals for the Seventh Circuit · Jul 21, 1980

Thus, although Congress may have misconstrued recent Board practice, it clearly thought that the Act did not cover "confidential employees" even under a broad definition of that term. 11 416 U.S. at 284 n. 12, 94 S.Ct. at … Bell Aerospace Co., 416 U.S. 267 , 94 S.Ct. 1757 , 40 L.Ed.2d 134 (1974) 3 Thus footnote 12 contains the following quotation from a House Report: "Most of the people who would qualify as 'confidential' employees are executives

Bernard McKinley v. Joshua Schoenbeck

Court of Appeals for the Seventh Circuit · Apr 17, 2018

As a final matter, the defendants are not protected by qualified immunity, which  protects officials from suits about discretionary conduct that “does not violate clearly  established statutory or constitutional rights of … With regard to the retaliation claims, McKinley’s rights to provide a truthful account of  events during an investigation and to file a lawsuit have been clearly established. 

National Labor Relations Board v. Bachelder

120 F.2d 574 · Court of Appeals for the Seventh Circuit · Mar 13, 1941

In our opinion the facts above related established a reasonable basis for the conclusions of the Board that Woolling had refused to bargain collectively with the United as the exclusive agent of his employees and that he … This record clearly shows and the Board found that the order of the court did not contemplate a permanent cessation of operation, nor did Woolling so construe the order, as the plant reopened almost immediately.

Easley, Cynthia v. Reuss, Michael B.

247 F. App'x 823 · Court of Appeals for the Seventh Circuit · Sep 14, 2007

immunity on the claim against him in his individual capacity. … Cloaking the facts in new legal theories does not establish a new claim. See Cannon v. Loyola Univ. of Chicago, 784 F.2d 777, 780 (7th Cir. 1986).

Norcott v. United States

65 F.2d 913 · Court of Appeals for the Seventh Circuit · Jul 8, 1933

However, a sufficient number are discussed to present their position clearly to the court. … Stone and Company in an effort by that company to qualify the Lawsonia bonds with the Securities Commissions of Wisconsin, Minnesota, Indiana and Kentucky.

United States v. Turcotte, James R.

Court of Appeals for the Seventh Circuit · Apr 19, 2005

In short, it is not left to the police to arbitrarily determine the legal status of GHB, GBL or BD—Congress has spoken clearly with respect to these substances. … Davenport, 986 F.2d 1047, 1049 (7th Cir. 1993) (defendant bears burden of proof and persuasion to establish ineffective assistance of counsel).

Liskowitz v. Astrue

559 F.3d 736 · Court of Appeals for the Seventh Circuit · Mar 24, 2009

Clearly not. In administrative proceedings, no less than in ordinary life, “explanations come to an end somewhere.” LUDWIG WITTGENSTEIN, § 1 PHILOSOPHICAL INVESTIGATIONS (G.E.M. Anscombe trans., 1968). … A claimant who cannot establish that she was disabled while she was insured may still receive Supplemental Security Income benefits if she can establish that she is disabled and has limited means. 42 U.S.C. §§ 1381a, 1382

Earnest L. White, Applicant v. United States

371 F.3d 900 · Court of Appeals for the Seventh Circuit · Jun 15, 2004

on a later appeal ... unless: (1) a subsequent trial produces substantially different evidence, (2) controlling authority has since made a contrary decision of law applicable to the issue, or (3) the prior decision was clearly … treat him an armed career criminal. 13 The question before us is a narrow one: is White's current effort to file a successive § 2255 motion absolutely barred because he has already presented this claim in something that qualifies

Volovsek, Judith v. WI Dept Agriculture

Court of Appeals for the Seventh Circuit · Sep 18, 2003

The plaintiff must establish that 1) she is a member of a pro- tected class (or performed the protected act of filing a complaint), 2) she is qualified for the position or, if already employed, has met the defendant’s legitimate … If these elements are established, the prima facie case of intentional discrimination is established and the burden shifts to the defendant to provide a nondis- criminatory reason for the employment action. Id.

Joe A. Corbin and Marta C. Corbin v. Coleco Industries, Inc.

748 F.2d 411 · Court of Appeals for the Seventh Circuit · Nov 14, 1984

While in Candlelight Homes and Richards the plaintiffs sought to recover only for their loss of bargain, Lane is clearly a personal injury case. … In short, we find that summary judgment for Coleco on Count III was inappropriate, because Coleco failed to establish that there was no genuine issue of material fact.

Hassan v. Holder

571 F.3d 631 · Court of Appeals for the Seventh Circuit · Jul 2, 2009

The BIA also found that the IJ’s adverse credibility determination was not clearly erroneous. … The applicant may qualify as a refugee either because he has suffered “past persecution” or because he has a “well-founded fear of future persecution.” 8 C.F.R. § 1208.13 (b).

78 Fair empl.prac.cas. (Bna) 1019, 74 Empl. Prac. Dec. P 45,664 Robert H. Tice v. American Airlines, Inc.

162 F.3d 966 · Court of Appeals for the Seventh Circuit · Jan 26, 1999

. § 216 (b) of the Fair Labor Standards Act), in which the Fifth Circuit upheld a jury verdict that American’s up-or-out policy qualified as a bona fide occupational qualification (BFOQ) for purposes of the ADEA. … As the EEOC pointed out in its amicus brief in this court, the statute establishing the rights they are seeking to vindicate makes it quite clear that these rights are individual, not group-based The ADEA provides that “[

Robert L. Schlagenhauf v. Cale J. Holder, United States District Judge for the Southern District of Indiana

321 F.2d 43 · Court of Appeals for the Seventh Circuit · Jul 23, 1963

As well said by Judge Cooley, 'The right to one's person may be said to be a right of complete immunity: to be let alone.' ( 141 U.S. at 251 , 11 S.Ct. at 1001 ). 25 'The inviolability of the person is as much invaded by … In either event, the inquiry would establish an adequate basis for exercising the court's discretion as to whether or not the order ought to issue.

Alan Halperin v. Mark Richards

7 F.4th 534 · Court of Appeals for the Seventh Circuit · Jul 28, 2021

See In re Antioch, 456 B.R. at 841–42 (preemption “would do nothing more than immunize officers and directors … from allega- tions of self-dealing by the corporate entity to which they have defined independent legal obligations … And “ERISA clearly contemplates actions against fiduciaries who profit by using trust assets, even where the plan beneficiaries do not suffer direct financial loss.” Id. at 122.