Case law

Shaffer v. AMERICAN MEDICAL ASS'N

662 F.3d 439 · Court of Appeals for the Seventh Circuit · Oct 18, 2011

The American Medical Associa- tion was not immune to the downturn in the economy. Budget cuts mandated that some employees lose their jobs, including at least one in the department where William Shaffer worked. … Notably, Lynch clearly knew on November 21, the date he placed on the memorandum at issue, that Shaffer had already requested leave since Shaffer had sent him an email requesting it the previous day.

Karen L. Erickson v. Trinity Theatre, Inc., Individually and D/B/A Trinity Square Ensemble

13 F.3d 1061 · Court of Appeals for the Seventh Circuit · Jan 6, 1994

The statute clearly requires a focus on the intention to collaborate. … To qualify as an author, one must supply more than mere direction or ideas.

Reynolds, Charles v. CIR

Court of Appeals for the Seventh Circuit · Jul 18, 2002

Although Treasury reg- ulations implementing § 274(d) clearly state that “adequate records” are not the only method of establishing eligibility, alternative methods are disfavored—and for good reason. … 5) (“The taxpayer’s costs of commuting to his place of business or employment are personal expenses and do not qualify as deductible expenses.”).

Hysi, Ermand v. Gonzales, Alberto R.

Court of Appeals for the Seventh Circuit · Jun 15, 2005

At the status hearing where the report was received into evidence, the IJ clearly told Hysi’s substitute counsel that a written opinion would be issued unless she heard any- thing further from the parties. … Nor can he establish eligibility for protec- tion under the Convention Against Torture. Ahmed v.

United States v. Plescia

48 F.3d 1452 · Court of Appeals for the Seventh Circuit · Mar 8, 1995

This court will not reverse a sentence unless it'is based on a clearly erroneous drug volume. United States v. Mojica, 984 F.2d 1426, 1443 (7th Cir.1993). … The jury and the trial judge are best qualified to judge the credibility of witnesses appearing before them.

22 Fair empl.prac.cas. 1010, 22 Empl. Prac. Dec. P 30,863 Movement for Opportunity and Equality v. General Motors Corp.

622 F.2d 1235 · Court of Appeals for the Seventh Circuit · Jun 10, 1980

Its burden is to establish a prima facie case that such a policy existed. … Consistent with an established “promote-from-within” policy, Allison first looked within its own organization to find a qualified employee to fill a job opening before it considered non-employee applicants.

American Community Builders, Inc. v. Commissioner of Internal Revenue

301 F.2d 7 · Court of Appeals for the Seventh Circuit · Mar 22, 1962

Conversely, a taxpayer who qualifies under Section 2 of the Act but who was ‘notified in writing’ of certain adjustments to his income ‘attributable to the erroneous treatment of [dealer reserve] income which proposed a deficiency … The Tax Court accepted the Code definition as the proper definition of the term “deficiency” in Section 3 of the Dealers Reserve Act, but concludes that there was no clearly fixed definition in the terms “proposed deficiency

Robert Leslie Busche, Cross-Appellant v. Wallace E. Burkee, Cross-Appellee

649 F.2d 509 · Court of Appeals for the Seventh Circuit · May 21, 1981

We believe the district court’s award of punitive damages was not clearly erroneous. … Burkee suggests that the testimony of medical or psychiatric experts is necessary to establish a compensable emotional injury.

Ismael Hernandez-Alvarez v. William Barr

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

No. 20-1459 5 considered “sexual abuse of a minor” under 8 U.S.C. § 1101(a)(43)(A), “his conviction clearly qualifies as an attempt to commit sexual abuse of a minor” because … He argued that his solicitation conviction did not qualify as an attempt to commit sexual abuse of a minor because the person solicited was an adult investigator rather than a child. Id. at 765.

Bruce Webster v. T. Watson

975 F.3d 667 · Court of Appeals for the Seventh Circuit · Sep 22, 2020

But Webster need only exhibit a deficiency in one do- main (not all three)—a point the government agrees with— and the district court’s conclusion that he did so is not clearly wrong. … Webster’s adaptive deficits show most clearly in the con- ceptual domain.

Alvear-Velez, Gustav v. Mukasey, Michael B.

Court of Appeals for the Seventh Circuit · Sep 2, 2008

Alvear-Velez’s conviction for sexual assault did not qualify as an aggravated felony, see 8 U.S.C. § 1101(a)(43) (1995). … Alvear-Velez’s 1993 Illinois conviction for sexual assault did qualify as an aggravated felony.

Anthony Hall v. Odie Washington, Director

106 F.3d 742 · Court of Appeals for the Seventh Circuit · Mar 10, 1997

Under the AEDPA, however, we must answer the more subtle question of whether the state court “unreasonably” applied clearly established federal law as the Supreme Court has determined it. Pitsonbarger v. … Applying this standard, we hold that the state court’s finding that Hall’s counsel provided effective assistance at sentencing “involved an unreasonable application of clearly established Federal law” as determined by the

Dale Kleber v. CareFusion Corporation

914 F.3d 480 · Court of Appeals for the Seventh Circuit · Jan 23, 2019

The majority, however, focuses on comparing § 623(a)(2) to several neighboring provisions in the ADEA that distinguish clearly between current employees and job applicants. … As long as that position is not open to internal applicants, that would be a highly effective yet immune "barrier to employment of older workers." That's not a "careful line." It's nonsense.

Madison Consulting Group v. The State Of South Carolina

752 F.2d 1193 · Court of Appeals for the Seventh Circuit · Jan 4, 1985

We also consider relevant, although not dispositive, plaintiff's performance of the contract in Wisconsin, which was clearly contemplated by the defendants at the time of contracting. … See 357 U.S. at 251 , 78 S.Ct. at 1238 (restrictions on personal jurisdiction "are more than a guarantee of immunity from inconvenient or distant litigation.

Boim v. Quranic Literacy Institute

291 F.3d 1000 · Court of Appeals for the Seventh Circuit · Jun 5, 2002

S4568-01 (1990). 38 The statute clearly is meant to reach beyond those persons who themselves commit the violent act that directly causes the injury. … Central Bank is thus distinguishable on this ground as well. 71 Finally, if we failed to impose liability on aiders and abettors who knowingly and intentionally funded acts of terrorism, we would be thwarting Congress' clearly

City of Bloomington v. Westinghouse Electric Corp.

824 F.2d 531 · Court of Appeals for the Seventh Circuit · Jun 19, 1987

Plaintiffs alleged that PCBs are extremely toxic chemicals which cause cancer, liver damage, suppression of the immune system, birth defects, and impairment of reproductive capacity in laboratory animals. … Thus, an examination of the initial factor in our analysis, the length of time the prospective inter-venor knew or reasonably should have known of its interest before it petitioned to intervene (11 months), clearly establishes

United States v. David Patrick Williams and Charles E. Froschauer

858 F.2d 1218 · Court of Appeals for the Seventh Circuit · Sep 20, 1988

None of these events really qualify Williams for the role of an innocent “patsy.” … To prevail on a motion for severance, then, a defendant must establish such prejudice that a joint trial would be unfairly prejudicial. Id.

Niedert Motor Service, Inc. v. United States

583 F.2d 954 · Court of Appeals for the Seventh Circuit · Sep 18, 1978

I. 26 Section 207(a) of the Interstate Commerce Act, 49 U.S.C. § 307 (a), provides in pertinent part as follows: 27 (A) certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of … In fact, the Commission ignored the evidence which very clearly showed that the services were incidental to transportation and indeed largely responsible for the success of the overall service rendered by the applicant.

Deborah Dear v. Eric Shinseki

Court of Appeals for the Seventh Circuit · Aug 20, 2009

After Dear’s demotion, Gail Speer, a white nurse who was not as qualified as Dear for the post, replaced her on an interim basis. … While Dear does not clearly identify in her brief who she thinks is the best comparator, we see several possible candidates in this record.

United States v. Gillaum, Durriel E.

Court of Appeals for the Seventh Circuit · Jun 23, 2004

Hardamon, 188 F.3d 843, 848 (7th Cir. 1999)) (“Under the clearly erroneous standard, ‘if two permissible views exist, the fact-finder’s choice between them cannot be clearly No. 02-4015 … As a result, Gillaum argues, the Illinois convictions cannot be considered qualifying felonies for sentence enhancement.