Case law

Molnar, Lisetta v. Booth, Lloyd

Court of Appeals for the Seventh Circuit · Oct 2, 2000

Those three instructions as a whole clearly showed that the court was restricting the Title VII theory to East Chicago, as was proper. … In addition, and perhaps even more clearly, the evidence was admissible for impeachment purposes.

Venus Mandley v. James L. Trainor

523 F.2d 415 · Court of Appeals for the Seventh Circuit · Sep 25, 1975

Section 602 sets forth what state plans must provide in order to qualify for federal reimbursement. It also contains the hearing provisions (§ 602(a)(4)), the “reasonable promptness” provisions (see Adens v. … It also appears that when Congress wished to make an exception to the generally applicable provisions of Section 602(a), it was able to do so clearly.

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

Overseas Development Disc Corp. v. Sangamo Construction Co.

686 F.2d 498 · Court of Appeals for the Seventh Circuit · Aug 10, 1982

Other facts are also germane, but the district court’s evidentiary rulings prevented them from being clearly set forth. … We do not preclude the possibility of an implied acceptance being established in certain circumstances.”

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

Eugene A. Wahl and Vibra Screw Feeders, Inc. v. Carrier Manufacturing Co., Inc.

452 F.2d 96 · Court of Appeals for the Seventh Circuit · Mar 20, 1972

On the other hand, Fischer lacked the practical experience of Wahl but was eminently qualified to interpret patent claims and the disclosure in connection therewith. … Certainly we cannot hold that the finding was clearly erroneous under Rule 52(a).

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.

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.

Scott Dahlstrom v. Sun-Times Media, LLC

777 F.3d 937 · Court of Appeals for the Seventh Circuit · Feb 6, 2015

Superior Court, 478 U.S. 1, 10 (1986) (extending to preliminary hear- ings the qualified First Amendment right of access to crimi- nal trials acknowledged in Globe). Yet in Globe Newspaper Co. v. … But Desnick’s ruling ap- plies only insofar as “no established rights are invaded in the process.” Id.

Medical Protective Company of v. American International Specia

990 F.3d 1003 · Court of Appeals for the Seventh Circuit · Mar 9, 2021

It clearly was. … (We note that the parties do not dispute that the Bramletts’ lawsuit against MedPro qualifies as a claim, and we agree that all lawsuits are claims but not all claims are lawsuits.)

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.

United States v. Frederick Pratter

465 F.2d 227 · Court of Appeals for the Seventh Circuit · Sep 6, 1972

establishes that the agents had announced their office. … On direct examination one of the agents estimated the interval as 30 seconds; that testimony, however, was qualified on cross-examination.

Schillinger, George v. Union Pacific

Court of Appeals for the Seventh Circuit · Oct 17, 2005

It is a short step from that to the conclusion that the district court correctly held that jurisdiction is defeated if one of the pleading elements necessary to establish jurisdiction is a scrivener’s error. Cf. … Fla. 2003) (refusing to exercise diversity jurisdiction over a matter “where such jurisdiction clearly does not exist, merely due to an error by Plaintiff.”).

United States v. Ronald Cavale, United States of America v. Terrence Faul, United States of America v. Thomas Kurz, United States of America v. Anthony C. Kovic, United States of America v. Daniel Pacella

688 F.2d 1098 · Court of Appeals for the Seventh Circuit · Nov 15, 1982

The City of Chicago awarded yearly contracts to private automobile repair vendors under established procedures. … Defendant Cavale asserts that mere association with a criminal venture is not sufficient to establish knowledge, but that the evidence must establish actual knowledge of sufficient elements of the criminal enterprise.

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.

United States v. Kenneth Sandidge

784 F.3d 1055 · Court of Appeals for the Seventh Circuit · Apr 20, 2015

That fact would establish that the firearm was used “in connection with another felony” under U.S.S.G. § 2K2.1(b)(6)(B). Sandidge denied having done so. … Sandidge argues that the district court clearly erred in its factual finding that he pointed a loaded firearm at Harris.

Schillinger, George v. Union Pacific

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

Fla. 2003) (refusing to exercise diversity jurisdiction over a matter “where such jurisdiction clearly does not exist, merely due to an error by Plaintiff.”). … There is another potential reason why the changes here may not have been enough to qualify as the “commencement” of a new action for CAFA. Illinois law governs the statute of limitations in the trespass action.

Hossack, Vicki v. Floor Covering Assoc

Court of Appeals for the Seventh Circuit · Jul 5, 2007

The record clearly establishes that the defen- dant did not discipline either Hossack or Cladis for hav- ing an affair. … Consequently, she failed to establish a prima facie case of sex discrimination.

NLRB v. Clinton Electronics

Court of Appeals for the Seventh Circuit · Mar 25, 2002

It is well-established that a threat of a plant closing is a per se violation of Section 8(a)(1). Multi-Ad Servs. … To establish anti-union animus the Board must establish that the employee was engaged in union activities, that the employer knew of the activities, that the employer harbored animus toward union activities, and that there

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).