Case law

Bankers Life and Casualty Company v. United States

142 F.3d 973 · Court of Appeals for the Seventh Circuit · Apr 17, 1998

But Congress typically does not permit the agency to run free in this endeavor; the Administrative Procedures Act establishes certain procedures that the agency must follow. … Id. at 948 (describing the difficulty in distinguishing between the inquiries into a police officer’s probable cause for an arrest and whether that officer receives qualified immunity).

United States v. Olorunfemi

83 F. App'x 128 · Court of Appeals for the Seventh Circuit · Dec 8, 2003

We have never held that all of *134 the factors listed in Application Note 4 are required to establish that a defendant is a leader or organizer. … (n.4), and, as the district court correctly reasoned, more than one person may qualify as a leader or organizer of the same conspiracy, see id.; Mijangos, 240 F.3d at 604 .

Saint Anthony Hospital v. Elizabeth M. Whitehorn

132 F.4th 962 · Court of Appeals for the Seventh Circuit · Mar 14, 2025

Still, § 1983 provides a cause of action only for depriva- tions of “rights, privileges, or immunities.” 42 U.S.C. § 1983. … That new subsection established special rules for Medicaid managed care for Indians. 123 Stat. at 507.

Tremeyne Porter v. Erie Foods International, Inc.

Court of Appeals for the Seventh Circuit · Aug 7, 2009

We believe the record establishes that Erie Foods’ actions met this standard. … Such conduct clearly qualifies as egregious for purposes of constructive discharge.

United States v. Susanne Yoon, Also Known as Soon Yoon

128 F.3d 515 · Court of Appeals for the Seventh Circuit · Oct 15, 1997

United States, 458 U.S. 279 , 102 S.Ct. 3088 , 73 L.Ed.2d 767 (1982), we have clearly held that a bare cheek-kiting scheme is an offense under § 1344(1). United States v. … Agent Wolverton had been qualified ás an expert in cheek-kiting in eight previous eases.

United States v. Palivos, Peter

Court of Appeals for the Seventh Circuit · Apr 10, 2007

To qualify for the loan, Bouzanis presented false income tax returns to The Money Store. He also com- pleted a document that allowed the lender to obtain his federal income tax forms. … A conspiracy may be established even if its pur- pose was not accomplished.

Eldridge Lovelace v. Linda Dall

820 F.2d 223 · Court of Appeals for the Seventh Circuit · May 18, 1987

We need not decide if the pretrial conference minutes would qualify as a written stipulation or an oral stipulation entered in the record. The minutes only state that the jury demand “may” be withdrawn. … Since it is unnecessary to establish an absolute rule in deciding the present case, we leave open the possibility that there may be exceptional circumstances where a pro se litigant’s silence during a bench trial does not

United States v. Alexander Cooper and Anthony Davis, Also Known as "Future"

19 F.3d 1154 · Court of Appeals for the Seventh Circuit · Mar 23, 1994

On appeal, the trial court’s decision on the ultimate question of discriminatory intent represents a finding of fact and will not be overturned unless clearly erroneous. … He also juxtaposed his own assessment of the excluded venireperson with the reasons proffered by the government. ■ For example, he recalled that juror Reames was one of those persons who gave a sort of very reluctant qualifying

United Transportation Union-Illinois Legislative Board v. Surface Transportation Board

169 F.3d 474 · Court of Appeals for the Seventh Circuit · Feb 25, 1999

This is in part because specialist agencies are more qualified than generalist courts to handle technical matters within their purview. They are the experts. … The Union claims that the Board’s treatment of § 10902 as covering leases renders that section inconsistent with § 11323, which clearly covers leases. See 49 U.S.C § 11323(a)(2).

Appleton Electric Company v. Advance-United Expressways

494 F.2d 126 · Court of Appeals for the Seventh Circuit · Jan 16, 1974

The company has had abundant opportunity to establish its contentions. . . . It is enough that the rates have been established by competent authority and that their invalidity has not been satisfactorily proved. … Fourth, if the costs are higher than they might have been if defendants had kept *137 better records, that is even more clearly defendants’ burden to bear.

Raymond King v. Randy Pfister

Court of Appeals for the Seventh Circuit · Aug 24, 2016

Nor can King show that the appellate court unreasonably  applied “clearly established” federal law because the appel‐ late court’s decision  was  based on  a resolution of  state law,  not federal law.  … Lewis  v.                                                    1 Additionally, as part of his ineffective assistance claim, King references  Illinois  Supreme  Court  Rule  63,  which  provides  that  a  judge  shall  dis‐ qualify

Fessehaye, Hanna H. v. Gonzales, Alberto R.

Court of Appeals for the Seventh Circuit · Jul 8, 2005

Fessehaye clearly supplied evidence of the quality and quantity that the Board reasonably could expect. Ms. … The Board clearly abused its discretion in requiring more evidence before reopening Ms. Fessehaye’s case.

United States v. Padilla

520 F.3d 766 · Court of Appeals for the Seventh Circuit · Mar 31, 2008

Discussion On appeal, Padilla argues that (1) the government failed to establish by a preponderance of the evidence that the controlled substance was crack cocaine for sentencing purposes; and (2) based on the advisory guideline … history category fails to adequately reflect the nature of the defendant’s criminal past. 1 The government noted that the defendant’s twenty-nine criminal history points were significantly more than the thirteen required to qualify

United States v. Eric R. Meyer

234 F.3d 319 · Court of Appeals for the Seventh Circuit · Dec 4, 2000

In the immediate wake of his indictment late in 1995, Hoff, who was cooperating with the authorities in exchange for immunity, said that he suspected Rock of the murder. … Accordingly, she cross-referenced the murder guideline in establishing Meyer’s offense level, which resulted in a mandatory term of life imprisonment. See U.S.S.G. § 2Dl.l(d)(l).

Baker v. Lindgren

856 F.3d 498 · Court of Appeals for the Seventh Circuit · May 10, 2017

The City never referred to its 128.5 hour figure as “additional” hours, and clearly did not intend for the court to construe its objection in that manner. … The district court’s misapprehension of the City’s calculation certainly qualifies as a manifest error of fact.

United States v. William Benson

Court of Appeals for the Seventh Circuit · Apr 6, 2009

Courts have not been hesitant in finding tax protesters’ activities to qualify as plans. … Finally, Benson’s Fifth Amendment claim need not delay us because the government asked the district court to issue an order of immunity in connection with Benson’s compelled act of producing his customer list.

United States v. Childs, Tommie T.

Court of Appeals for the Seventh Circuit · Jul 3, 2001

We review a district court’s probable cause determination de novo, while we defer to subsidiary findings of historical fact unless they are clearly erroneous. Ornelas, 517 U.S. at 699; United States v. … Indeed, in a case in which there were numerous articulable factors establishing suspicion, we still qualified our finding that reasonable suspicion existed sufficient to conduct a criminal record inquiry during a traffic

Iljas Cafi v. United States Parole Commission

268 F.3d 467 · Court of Appeals for the Seventh Circuit · Sep 28, 2001

Cafi argues that he was entitled to a minor-participant reduction because the record established that another individual, Brian, organized the operation, employed both Cafi and Codognotto, provided the cocaine, and provided … Because Cafi’s release date was based solely on the drugs he possessed, the Commission did not clearly err in denying Cafi’s request for a reduction for being a minor participant. See Lampkins, 47 F.3d at 180 .

United States v. Denny Anderson

99 F.4th 1106 · Court of Appeals for the Seventh Circuit · Apr 30, 2024

The indictment alleged eight prior felony convictions qualifying Anderson for a sentencing enhancement under § 924(e). … The first is the PSR—which, because the district court adopted it, he argues we must accept unless clearly erroneous. He highlights its statement that his battery “charge” was “dis- missed.”

Schultze v. White

127 F. App'x 212 · Court of Appeals for the Seventh Circuit · Feb 18, 2005

To qualify as hostile, “the work environment must be both objectively and subjectively offensive.” Rhodes v. Illinois Dep’t. of Transp., 359 F.3d 498, 505 (7th Cir.2004). … Schultze further attempts to establish her prima facie case by evidence of pretext.