Case law

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.

United States v. White

639 F.3d 331 · Court of Appeals for the Seventh Circuit · Apr 6, 2011

Bursey, 85 F.3d 293, 296 (7th Cir. 1996) (“[S]tatements that are offered not to prove ‘the truth of the matter asserted,’ but for some other legitimate purpose, do not qualify as hearsay.”). … And because the district court did not clearly err in finding that White had presented the teller with a note which stated that he had a gun, the district court properly enhanced White’s sentence under § 2B3.1(b)(2)(F).

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

United States v. J. W. Prewitt

553 F.2d 1082 · Court of Appeals for the Seventh Circuit · May 19, 1977

This correspondence tended to establish that he knew of the altered character of the money orders that he tried to pass, a requisite element for conviction under 18 U.S.C. § 500 . … The determination of competence is factual and we cannot overturn the district court’s finding unless it was clearly erroneous. We are convinced that the district court’s finding was supported by substantial evidence.

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

Consolidated Chassis Management LLC v. Northland Insurance Company

Court of Appeals for the Seventh Circuit · Aug 7, 2026

Consolidated. 1 Northland had issued Midvest a commercial insurance policy that also covered anyone “liable for the conduct of an ‘insured’” or the “owner or … anyone else from whom [Midvest] hire[d] or borrow[ed]” a qualifying … While Consolidated preferred counsel of its own choosing, Illinois law did not require that result—at the very least, not clearly enough to supersede the parties’ contract and establish an exception to the broad duty to defend

United States v. Schaefer, Ronald T.

Court of Appeals for the Seventh Circuit · May 28, 2002

Peterson, 101 F.3d 375, 385 (5th Cir. 1996) ("For conduct to be considered ’relevant conduct’ for the purpose of establishing one’s offense level that conduct must be criminal."); United States v. … The court emphasized that the dismissed counts "clearly alleged offenses that are subject to prosecution under 18 U.S.C. sec.sec. 1344 and 1346." Id.

United States v. Eschman, Gary J.

Court of Appeals for the Seventh Circuit · Sep 14, 2000

Under U.S.S.G. sec. 3E1.1, a defendant who clearly demonstrates acceptance of responsibility for his or her offense is entitled to a reduction in his or her offense level. … However, we did not locate any record evidence that reasonably establishes that Eschman had the capacity to convert pseudoephedrine into methamphetamine at yields of 60% or greater.

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.

Kelly Chavez v. Martin J. O'Malley

96 F.4th 1016 · Court of Appeals for the Seventh Circuit · Mar 22, 2024

There, the claimant petitioned the Supreme Court to adopt a categorical rule precluding a voca- tional expert’s testimony from qualifying as substantial evi- dence if the expert declined a claimant’s request to provide supporting … “To be sure, the [vocational expert] could have explained his methodology more clearly, but he gave enough detail for us to understand the sources of his data and the general process he adopted.” Id.

United States v. Smith, Anthony

Court of Appeals for the Seventh Circuit · Apr 7, 2003

Attorneys duly appointed under § 543 are therefore qualified “attorneys for the government” who are permitted to appear before a grand jury according to Fed. R. Crim. P. 6(d)(1). … The district judge accepted this explanation, and given the evidence in the record supporting the government’s reasons, we do not find the court’s determination to be clearly erroneous. III.

Oconomowoc Residential Programs, Inc. v. City of Milwaukee

300 F.3d 775 · Court of Appeals for the Seventh Circuit · Aug 8, 2002

The courts to have consid- ered the issue have held that the ADA clearly encom- passes zoning decisions by local government entities. Reg- ional Econ. Comty. Action Program, Inc. v. … Furthermore, as with the FHAA, under the ADA, a public entity must reasonably accommodate a qualified individual with a disability by making changes in rules, policies, practices, or services when needed. Dadian v.

United States v. Roy Allen Skidmore

254 F.3d 635 · Court of Appeals for the Seventh Circuit · Jun 19, 2001

In examining what constitutes a statement in “furtherance of a conspiracy,” we have explained that a wide range of statements qualify, “including] comments designed to assist in recruiting potential members, to inform other … Although the court’s use of the word failure was indeed a poor choice, the context of the instruction in which the word was used was one in which the court was clearly indicating to the jury that the government had the burden

Friends of Milwaukee v. Milwaukee Metro

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

Supp. 2d at 383 (“The language of this statute ‘clearly contemplates action prior to the filing of a citizen suit.’ ”) (internal citation omitted); Connecticut Fund for the Env’t, 660 F. … The plaintiffs do not challenge that the second element has been established.

United States v. Ulana Jaroszenko

92 F.3d 486 · Court of Appeals for the Seventh Circuit · Aug 29, 1996

Her training and experience make her best qualified to be a secretary, but, given her criminal record, her immediate prospects in that field seem limited indeed. … Our decision to vacate the restitution order makes it unnecessary for us to address Jaroszenko’s contentions about the method of payment it established.

Waters v. Wisconsin Steel Works of International Harvester Co.

502 F.2d 1309 · Court of Appeals for the Seventh Circuit · Aug 26, 1974

The history points out that: “Title VII would have no effect on established seniority rights. Its effect is prospective and not retrospective. … ) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and the

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).

Thomas P. Davis and Cathy M. Davis v. G.N. Mortgage Corporation and Countrywide Home Loans, Inc.

396 F.3d 869 · Court of Appeals for the Seventh Circuit · Jan 31, 2005

they so decided. 12 Indeed, considering *883 the multiple obligations which the mortgage document imposed upon them, as well as the amount of money involved ($288,000), the Davises would have been well advised to visit a qualified … Boatman’s alleged comment is clearly an out-of-court statement offered by the plaintiffs for the truth of the matter asserted and, therefore, may not be relied upon by the Davises to resist summary judgment.

Mosley, Melvin E. v. Maytag Corporation

216 F. App'x 595 · Court of Appeals for the Seventh Circuit · Feb 28, 2007

qualified than he was. … That Mosley clearly meets the first and third of these criteria is undisputed; Judge Mihm focused on the second and fourth elements.

Consolidated Chassis Management LLC v. Northland Insurance Company

Court of Appeals for the Seventh Circuit · Aug 5, 2026

Consolidated. 1 Northland had issued Midvest a commercial insurance policy that also covered anyone “liable for the conduct of an ‘insured’” or the “owner or … anyone else from whom [Midvest] hire[d] or borrow[ed]” a qualifying … While Consolidated preferred counsel of its own choosing, Illinois law did not require that result—at the very least, not clearly enough to supersede the parties’ contract and establish an exception to the broad duty to defend