Case law

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.

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.

Julio Najera-Rodriguez v. William P. Barr

Court of Appeals for the Seventh Circuit · Jun 4, 2019

Nevertheless, con- trolling Supreme Court precedent requires us to consider not what Najera-Rodriguez actually did but what his conviction under Illinois’s § 402(c) necessarily established vis-à-vis 1 Here is the full … The general reference in White to “a controlled substance statute” does not touch on the critical differences between § 402(a), which is clearly di- visible, and § 402(c), which is not clearly divisible. 16

Ray Lewis v. Local Union No. 100 of the Laborers' International Union of North America, Afl- CIO

750 F.2d 1368 · Court of Appeals for the Seventh Circuit · Dec 18, 1984

Lewis’ complaint clearly meets these criteria. … In our judgment, Vaca establishes a broad immunity from preemption for all fair representation suits not just those that arise in conjunction with a section 301(a) claim against an employer.

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. Aga Khan

Court of Appeals for the Seventh Circuit · Jul 16, 2020

False documentation was then prepared to make it appear as though these individuals had the requisite where- withal to qualify for the loans. … Ghuman has denied many of these actions, and given the evidence before the district court, Judge Tharp did not clearly err in treating these as false denials.

Julio Najera-Rodriguez v. William P. Barr

Court of Appeals for the Seventh Circuit · Jun 4, 2019

Nevertheless, con- trolling Supreme Court precedent requires us to consider not what Najera-Rodriguez actually did but what his conviction under Illinois’s § 402(c) necessarily established vis-à-vis 1 Here is the full … The general reference in White to “a controlled substance statute” does not touch on the critical differences between § 402(a), which is clearly di- visible, and § 402(c), which is not clearly divisible. 16

Audrey Goodwin v. The Board of Trustees of the University of Illinois and Randy Kornegay and Kip Mecum, in Their Individual Capacities

442 F.3d 611 · Court of Appeals for the Seventh Circuit · Mar 31, 2006

McDonnell Douglas analysis In order to indirectly establish proof of discrimination in her Title VII claim, Goodwin must first establish the prima facie elements set out in McDonnell Douglas Corp. v. … As we stated in Ezell , “the other employees must have engaged in similar—not identical—conduct to qualify as similarly situated.” Ezell, 400 F.3d at 1050 .

United States v. Thomas Brooks, II

100 F.4th 825 · Court of Appeals for the Seventh Circuit · Apr 30, 2024

A district court may find facts sufficient to support an en- hancement if they are established by a preponderance of the evidence. Prieto, 85 F.4th at 448. … switch allowed his “conventional semi-automatic Glock pis- tol to function as a fully automatic firearm,” the district court should have determined that the modified Glock was repre- sented under § 2K2.1(a)(4)(B)(i)(II) as a qualifying

United States v. Charnpal Ghuman

Court of Appeals for the Seventh Circuit · Jul 16, 2020

False documentation was then prepared to make it appear as though these individuals had the requisite where- withal to qualify for the loans. … Ghuman has denied many of these actions, and given the evidence before the district court, Judge Tharp did not clearly err in treating these as false denials.

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. 

United States v. Charnpal Ghuman

Court of Appeals for the Seventh Circuit · Jul 16, 2020

False documentation was then prepared to make it appear as though these individuals had the requisite where- withal to qualify for the loans. … Ghuman has denied many of these actions, and given the evidence before the district court, Judge Tharp did not clearly err in treating these as false denials.

United States v. Aga Khan

Court of Appeals for the Seventh Circuit · Jul 16, 2020

False documentation was then prepared to make it appear as though these individuals had the requisite where- withal to qualify for the loans. … Ghuman has denied many of these actions, and given the evidence before the district court, Judge Tharp did not clearly err in treating these as false denials.

Robert N. Corley and Vera M. Corley v. Rosewood Care Center, Inc. Of Peoria

142 F.3d 1041 · Court of Appeals for the Seventh Circuit · Apr 29, 1998

conduct qualifying as a pattern of racketeering activity. … But in any event, the scheme clearly does not have the natural end point that has caused us to find a lack of continuity in some closed-ended cases.

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.

Central States Areas v. Pioneer Ranch Limite

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

In 1993, the Whitings established the Pioneer Ranch Limited Partnership. … Additionally, “a sporadic activity, a hobby, or an amusement diversion does not qualify.” Groetzinger, 480 U.S. at 35.

United States v. Michael J. Corbitt

13 F.3d 207 · Court of Appeals for the Seventh Circuit · Dec 28, 1993

This came too late to qualify as a basis for sentence correction under the rule. … Moskovits, 815 F.Supp. 147 , 150 n. 8 (E.D.Pa.1993), as that was the type of attack that characterized many of the old cases which limited motions to correct illegal sentences to the established record.

Louis Vuitton S.A. v. Pun Yang Lee

875 F.2d 584 · Court of Appeals for the Seventh Circuit · May 16, 1989

. § 1117 (b) would have been established. More on this point later. The judge also had no justification for berating Vuitton for seeking monetary relief rather than resting content with an injunction. … That clearly is the case here with regard to the untrebled component of the relief sought.

Tinsley v. United Parcel Service, Inc.

635 F.2d 1288 · Court of Appeals for the Seventh Circuit · Dec 12, 1980

Local 710’s internal union remedies are both mandatory 2 and, by virtue of well-established, and controlling, authority are adequate. … Constitution, Article XIX, Section 9, establishes that fines may be assessed against individuals or against the Union itself.