Case law

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.

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.

Charles Edward Sweeney, Jr. v. United States

151 F.3d 1033 · Court of Appeals for the Seventh Circuit · Jun 22, 1998

It is well-established that a § 2255 motion is not a substitute for direct appeal. Barnickel v. United States, 113 F.3d 704, 706 (7th Cir.1997). … The latter two claims clearly were not raised before the district court and thus are waived.

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.

United States v. Anderson, Plaze E.

Court of Appeals for the Seventh Circuit · Sep 19, 2002

She wanted immunity for herself or Kinlow- Glosson before she would provide details. … That clearly is not an instance of the government attempting to bolster its witness. The remaining transcript citations fare no better.

United States v. Steven Paul

Court of Appeals for the Seventh Circuit · Nov 29, 2018

Although Paul denied that his attorneys explained these considerations to him, the district court’s finding to the contrary was not clearly erroneous. See id. at 656. … Multiple emails and testimony establish that Paul’s lawyers discussed these considerations with him on several occasions.

United States v. Steven Paul

Court of Appeals for the Seventh Circuit · Nov 29, 2018

Although Paul denied that his attorneys explained these considerations to him, the district court’s finding to the contrary was not clearly erroneous. See id. at 656. … Multiple emails and testimony establish that Paul’s lawyers discussed these considerations with him on several occasions.

International Union, United Automobile, Aerospace & Agricultural Implement Workers v. Johnson Controls, Inc.

886 F.2d 871 · Court of Appeals for the Seventh Circuit · Sep 26, 1989

The record very clearly establishes that once lead is deposited in a mother’s blood, it crosses the placenta and affects her unborn child. … The court recognized that a fetal protection policy, even if “facially neutral,” “clearly has a disproportionate impact on women since only they are affected by it.” Id.

Sally Naeem v. McKesson Drug Company and Dan Montreuil

444 F.3d 593 · Court of Appeals for the Seventh Circuit · Apr 12, 2006

Naeem clearly go far beyond typical on-the-job disagreements, including the following: forcing Ms. Naeem to climb up an unstable metal stairway to hook up computer equipment during her pregnancy; sabotaging Ms. … Federal Rule of Evidence 702 states: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge

United States v. Devore, Marla A.

Court of Appeals for the Seventh Circuit · Feb 9, 2004

Cer- tain drug and alcohol centers qualify for a special certifi- cation from the State of Illinois similar to the provision for mental health facilities. … DeVore contends that she did not testify falsely and that the district court clearly erred in imposing the enhancement.

United States v. Algienon Tanner

941 F.2d 574 · Court of Appeals for the Seventh Circuit · Aug 27, 1991

Our review of the sufficiency of evidence presented at Algienon Tanner’s trial is well established. … Therefore a defendant faces a heavy burden in establishing his claim. United States v. Lamon, 930 F.2d 1183, 1190 (7th Cir.1991). Mr.

United States v. Darrius Hayden

612 F. App'x 381 · Court of Appeals for the Seventh Circuit · May 13, 2015

Each element must be established to constitute plain error. Id. A. … For this reason, the statements qualify as excited utterances and are an exception to the hearsay rules.

United States v. Robert M. Morrison, Michael Anderson, James D. Walton, Sean Foley, and Jose Andrini-Varga

946 F.2d 484 · Court of Appeals for the Seventh Circuit · Dec 2, 1991

According to the local “open file” practice of the Eastern District of Wisconsin, however, the government was obligated to turn over Tasch’s notes, if they qualified as statements, before trial. … As our excerpts from Walton’s motion suggest, his substitution request was clearly not sufficiently detailed to allow the district court to dismiss it out of hand without further inquiry.

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.

Bae v. Shalala

44 F.3d 489 · Court of Appeals for the Seventh Circuit · Jan 4, 1995

The drafters of the GDEA recognized "a need to establish procedures to bar individuals who have been convicted of crimes pertaining to the regulation of drug products from working for companies that manufacture or distribute … traditionally associated with punishment--such as permanent exclusion from an occupation--is imposed, the enactment may pass [constitutional] scrutiny ... if it seeks to achieve legitimate and non-punitive ends and was not clearly

Douglas ex rel. Douglas v. Hugh A. Stallings, M.D., Inc.

870 F.2d 1242 · Court of Appeals for the Seventh Circuit · Mar 13, 1989

As one of the modifications, the Act established the previously discussed specific statute of limitations. … As discussed supra, the malpractice statute of limitations is clearly rationally related to its goal of relieving the malpractice insurance crisis.

Wisconsin Education Ass'n Council v. Walker

705 F.3d 640 · Court of Appeals for the Seventh Circuit · Jan 18, 2013

It is well established that a government employer creates what First Amendment doctrine calls a “nonpublic 44 Nos. 12-1854, 12-2011 & 12-2058 forum” when it establishes a system for employee payroll … First, the Court ex- plained that the plaintiffs had not tried to establish view- point discrimination in the lower courts.

United States v. Reginald Walton

874 F.3d 990 · Court of Appeals for the Seventh Circuit · Nov 3, 2017

Soon thereafter, Reed established Naptown Housing Group (“Naptown”), a property development com- pany and went into business with Walton. … So, the district court’s instruction, even if it permitted conviction for taking a gratuity, certainly was not clearly erroneous under current law.

United States v. Russel J. Lesperance

25 F.3d 553 · Court of Appeals for the Seventh Circuit · Jun 1, 1994

The SBA, operating under the aegis of the Federal Emergency Management Agency, offers low interest loans to qualifying homeowners and businesses harmed by a disaster to enable these borrowers to repair the damage wrought … Clearly, this statement was false. The government also highhghted irregularities with the contracts between URC and the contractors.

United States v. Andrew L. Hunn

24 F.3d 994 · Court of Appeals for the Seventh Circuit · May 19, 1994

Are we to suppose that a bank robber who used only sign-language or miming to express his death-threat would be immune from a Sec. 2B3.1 enhancement. Fortunately, we need not so speculate. … Under our reading of the Guidelines we conclude that the district court's findings regarding Hunn's death-threats are not in any way clearly erroneous. III.