Case law

Ndonyi, Pauline v. Holder, Eric H.

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

These incidents clearly represent a “punish- ment or . . . infliction of harm . . . that this country does not recognize as legitimate.” Boci v. Gonzales, 473 F.3d 762, 766 (7th Cir. 2007). … This circuit and several other circuits have adopted the doctrine of “mixed motives,” “ ‘which recognizes that an individual may qualify for asylum if his or her persecutors have more than one motive as long as one of the

Efrain Sanchez v. City of Chicago

700 F.3d 919 · Court of Appeals for the Seventh Circuit · Nov 2, 2012

Thus, in the Fourth Amendment context, it is not essential that the identity of the individual officer who applied the force be established. … Clearly one inference that Sanchez wanted the jury to draw was that the fight was a fabrication; otherwise, the logic goes, the officers surely would have documented the fight if not arrested one or both of the brothers.

In Re Young

82 F.3d 1407 · Court of Appeals for the Seventh Circuit · Jun 27, 1996

Id. at 954. 15 Finally, the district court held that § 548(a) did not violate the establishment clause. Id. at 955. The district court applied the Lemon v. … Clearly, the statute was drawn in such a way as to balance the ability of the debtor to dispose of property with the need to protect unsecured creditors.

Gillian Emery v. Frank Gallo

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

Gallo, therefore, was very clearly related to the award of the Sanibel Property. By November 2004, Mr. Gallo had complied with the order by transferring his interest in the Sanibel Property to Ms. Emery; however, Ms. … Since she has not established a prima facie case for slander of title in this bankruptcy action, she certainly cannot establish a right to attorneys’ fees on the basis of this litigation.

Robert St. Pierre v. Jonathan R. Walls, Warden, Menard Correctional Center

297 F.3d 617 · Court of Appeals for the Seventh Circuit · Aug 29, 2002

Thus, after the plea was accepted there were four qualified expert reports declaring St. … Pierre's mental health problems manifested themselves clearly and Barasa was on notice.

MillerCoors LLC v. Anheuser-Busch Companies, LLC

Court of Appeals for the Seventh Circuit · Oct 18, 2019

Failing to state clearly the reasons for the injunction may lead to hasty, sometimes too- casual analysis. … immunity, see Mitchell v.

Central States, Southeast And Southwest Areas Pension Fund v. Bell Transit Company

22 F.3d 706 · Court of Appeals for the Seventh Circuit · Apr 21, 1994

That it did not, when it clearly knew how, demonstrates that Congress did not wish to impose withdrawal liability here. … Section Sec. 1384(a)(3)(A) clearly does not refer to itself by the use of the word "subsection."

United States v. Phillip Cyprian and Leroy v. Williams

23 F.3d 1189 · Court of Appeals for the Seventh Circuit · May 6, 1994

The standard of review is well-established. … Williams first argues that § 1955(e) excludes from § 1955’s prohibitions bingo activities of non-profit organizations which qualify for a § 501(c) tax exemption, in this case the Catholic Church, and that he was simply an

United States v. Dawson, Pierre

Court of Appeals for the Seventh Circuit · Sep 28, 2005

It’s difficult to establish a separate verdict given the wording.” … I recognize that witnesses can receive immunity or reduced sentences in exchange for their truthful testimony, see, e.g., United States v.

William C. Brach, Cross-Appellant v. Amoco Oil Company, a Maryland Corporation, Cross-Appellee

677 F.2d 1213 · Court of Appeals for the Seventh Circuit · May 11, 1982

But the nonrenewal provisions of the PMPA clearly apply to franchises entered into before the Act’s effective date. 15 U.S.C. § 2802 (a)(2). … Immunity from federal regulation is not gained through forehanded contracts.” F. H. A. v. The Darlington, Inc., 358 U.S. 84, 91 , 79 S.Ct. 141, 146 , 3 L.Ed.2d 132 (1958), quoting Fleming v.

Maswamba Musikiwamba v. Essi, Inc. And Shalabh Kumar

760 F.2d 740 · Court of Appeals for the Seventh Circuit · May 13, 1985

established national objective. … Rather, the key is to balance the interests of two innocent parties to achieve a clearly established national goal.

Elizabeth Dole, Secretary of Labor, United States Department of Labor v. Local 1942, International Brotherhood of Electrical Workers, Afl-Cio

870 F.2d 368 · Court of Appeals for the Seventh Circuit · Feb 28, 1989

But the privilege is qualified; it yields when the identification of the informant or of a communication is essential to a balanced measure of the issues and the fair administration of justice. … As will be seen, this reasoning is clearly flawed.

David K. Guenther v. Mark Holmgreen and City of Black River Falls

738 F.2d 879 · Court of Appeals for the Seventh Circuit · Jul 12, 1984

In litigating his claims at the preliminary hearing, Guenther was clearly not faced with the harsh dilemma the defendant faced in Simmons . … Further, neither the United States Supreme Court nor the Wisconsin Supreme Court has decided how the Simmons rule of testimonial immunity may apply to pre-trial hearings other than a suppression hearing — such as an arraignment

MillerCoors LLC v. Anheuser-Busch Companies, LLC

Court of Appeals for the Seventh Circuit · Oct 18, 2019

Failing to state clearly the reasons for the injunction may lead to hasty, sometimes too- casual analysis. … immunity, see Mitchell v.

Mary Burke Sprogis v. United Air Lines, Inc.

444 F.2d 1194 · Court of Appeals for the Seventh Circuit · Jul 16, 1971

This is clearly insufficient. Section 703(e) (1) specifically requires a correlation- between the condition of employment and satisfactory performance of the employees’ occupational duties. … It urges that the “class” aspect of a Title VII action must be established prior to judgment on the merits.

National Can Corporation v. National Labor Relations Board

374 F.2d 796 · Court of Appeals for the Seventh Circuit · Mar 8, 1967

Swift Co., Inc., 302 F.2d 342, 346 , which clearly is not in point. In our view, the Board’s argument on this important point is fallacious. … Graczyk as author of the demand letter was better qualified than any other person to state the class of employees *802 included in the unit which he had proposed.

Ilya Petrovich Gutnik v. Alberto R. Gonzales

469 F.3d 683 · Court of Appeals for the Seventh Circuit · Nov 29, 2006

This description of the events, if true, suggests that whatever “paraphernalia” Gutnik was caught with was clearly for his personal use of less than 30 grams of marijuana. … Gutnik no longer qualifies as a refugee and is therefore ineligible to apply for a § 1159(c) waiver of inadmissibility in conjunction with an adjustment of status.

Tommie E. Watkins v. Donald Blinzinger, Dorothy Davis v. Gregory Coler

789 F.2d 474 · Court of Appeals for the Seventh Circuit · May 12, 1986

The plaintiffs also say that pain and suffering is different, clearly not a substitute for earnings. Even here, though, things are not so clear. … Currie, Sovereign Immunity and Suits Against Government Officers, 1984 Sup.Ct.Rev. 149.

Ruth Panter v. Marshall Field & Co., Richard Weiss v. Marshall Field & Co.

646 F.2d 271 · Court of Appeals for the Seventh Circuit · Jul 6, 1981

The Klaus standard is entirely consistent with the standard which the Second Circuit clearly spelled out in Treadway and left intact in Crouse-Hinds. See note 6, supra. See also Podesta v. Calumet Indus. … Congress clearly protected the latter, as well as, I believe, the former. IV.

Analytica, Incorporated v. Npd Research, Inc., Defendant-Cross-Appellant-Cross-Appellee. Appeals of Schwartz & Freeman and Pressman and Hartunian Chtd

708 F.2d 1263 · Court of Appeals for the Seventh Circuit · Aug 24, 1983

It is obvious why the record is silent on whether in fact Schwartz & Freeman had established, or even attempted to establish, effective safeguards, such as a “Chinese Wall” — the district court based its disqualification … Kerr-McGee Corp., 580 F.2d 1311, 1321 (7th Cir.1978) is clearly unfounded.