Case law

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.

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.

Gutierrez v. Peters, III

111 F.3d 1364 · Court of Appeals for the Seventh Circuit · Apr 23, 1997

The allegations clearly reveal that the Danville medical staff, including Doctors Tanner and Ehrhardt, regarded Gutierrez as having a condition mandating treatment. … Indiana Dept. of Corrections, 56 F.3d 785, 788 (7th Cir.1995) ("The Department of Corrections is immune from suit by virtue of the Eleventh Amendment."); see also Brunken v. Lance, 807 F.2d 1325, 1329 (7th Cir.1986).

National Solid Wastes Management Ass'n v. Killian

918 F.2d 671 · Court of Appeals for the Seventh Circuit · Nov 14, 1990

All these “clearly”s demonstrate more certitude than § 18 warrants. … The allegation of an additional purpose for [the state’s] scheme does not render it immune from preemption.”

Sylvia Leszanczuk v. Carrington Mortgage Services

21 F.4th 933 · Court of Appeals for the Seventh Circuit · Dec 28, 2021

But, as explained, the contract clearly and unambiguously permits the assess- ment of inspection fees against the borrower. … As the district court found, the purpose of the Letter is to establish that mortgagees may be reim- bursed by HUD for performing mandatory inspections.

United States v. Ronald Kielar

791 F.3d 733 · Court of Appeals for the Seventh Circuit · Jun 29, 2015

Kielar had established a bona fide need for the assets at issue. … Nowhere in our opinion did we state or suggest that the due process right that we acknowledged was immune from the ordinary rules of waiver.

Town of East Troy, a Municipal Corporation v. Soo Line Railroad Company

653 F.2d 1123 · Court of Appeals for the Seventh Circuit · Dec 3, 1980

. § 60.18 (Supp. 1979-80) states: “The qualified electors of each town shall have power at any annual town meeting by vote: “(12) ... … Although the expenses clearly must be reasonable, Soo Line has cited no case supporting its view that the plaintiff must present expert testimony on reasonableness of fees even if the record contains substantial evidence

Osagiede v. United States

543 F.3d 399 · Court of Appeals for the Seventh Circuit · Sep 9, 2008

Thus, it was clearly established across the country that either the Vienna Convention created individual rights or courts would proceed as if it did. 9 We also believe that an Illinois lawyer, in particular, would have known … Counsel’s duty to know the applicable law, at least when it matters to his client’s defense, has been clearly established by Strickland and its progeny.

White, Yancey L. v. Scibana, Joseph

Court of Appeals for the Seventh Circuit · Dec 2, 2004

Republic Title Co., 314 F.3d 875, 879 (7th Cir. 2002), but neither the Supreme Court nor this court has clarified the outer limits of the universe of less formal agency interpretations that might qualify. … In contrast, 18 U.S.C. § 3624(1)(b) establishes a system of annual performance reviews and credit awards, subject to the proration for a partial final year and award in the last six weeks.

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.

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.

Roosevelt Clay v. William Brown

151 F.3d 1032 · Court of Appeals for the Seventh Circuit · Jul 24, 1998

Because the facts as alleged do not establish that the defendants knowingly conspired or obstructed justice, Clay cannot show that his constitutional rights were violated. … As such, the defendants are shielded from Clay's civil suit by qualified immunity. Chan v.

Bence v. Breier

501 F.2d 1185 · Court of Appeals for the Seventh Circuit · Aug 14, 1974

It is obvious, however, that any apparent limitation on the prohibited conduct through the use of these qualifying terms is illusory, for 'unbecoming' and 'detrimental to the service' have no inherent, objective content from … That court additionally found no 'countervailing military considerations which (would) justify the twisting of established standards of due process in order to hold inviolate these articles, so clearly repugnant under current

United States v. Parnell Gulley

722 F.3d 901 · Court of Appeals for the Seventh Circuit · Jun 17, 2013

On January 6, 2009, Gulley agreed to cooperate with the government in exchange for a grant of direct use immunity. … Anderson, 517 F.3d 953, 965-66 (7th Cir. 2008) (concluding that the sentencing error was harmless because the district judge “clearly stated” he would impose the same sentence even if his Guidelines calculation was incorrect

Fruit of the Loom, Inc. v. Commissioner

72 F.3d 1338 · Court of Appeals for the Seventh Circuit · Jan 5, 1996

As a result of an internal communication problem certain qualifying language in the Form 870 was overlooked. … have, as neither the complaint nor the amended complaint placed the 1967 tax year at issue. 5 This record evidence convinces us that the tax court’s application of legal principles to the facts on this question was not clearly

Miller Brewing Company v. G. Heileman Brewing Company, Inc.

561 F.2d 75 · Court of Appeals for the Seventh Circuit · Sep 14, 1977

Indeed, state statutes even use “light beer” as a generic or common descriptive term. 10 “Light” is clearly a common descriptive word when used with beer. … Because probability of success cannot be established, other issues argued by the parties need not be decided, and the preliminary injunction must be reversed. REVERSED. 1 .

Wirtz Corporation v. United Distillers

Court of Appeals for the Seventh Circuit · Jul 31, 2000

Puerto Rico Labor Relations Board, 454 F.2d 38, 44 (1st Cir. 1972), in finding the WERC qualified as a court. … Congress clearly recognized, following the repeal of the Eighteenth Amendment, the significant interests of the individual states in the matter of alcoholic beverages.

E & L Transport Co. v. National Labor Relations Board

85 F.3d 1258 · Court of Appeals for the Seventh Circuit · Jun 5, 1996

An individual need not meet all of the criteria listed in § 152(11) in order to qualify as a “supervisor.” … The Board has created a different rule for individuals who are normally rank-and-file employees, but who by virtue of substituting for statutory supervisors occasionally exercise supervisory authority: “[I]t is clearly established

Irving Cross v. Anthony Ramos

632 F.3d 356 · Court of Appeals for the Seventh Circuit · Jan 13, 2011

To qualify for habeas relief under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), Cross must show that the state court proceedings adjudicating his claim “resulted in a decision that was contrary to, or involved … an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1).

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.