Case law

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.

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.

Albert Earle Smith-Bey v. Hospital Administrator

841 F.2d 751 · Court of Appeals for the Seventh Circuit · Mar 8, 1988

An example of such a pleading is a complaint that seeks relief against individuals who are absolutely immune from suit. Williams, 837 F.2d at 307 n. 5. … Deliberate Indifference to Serious Medical Needs To establish an eighth amendment violation based on inadequate medical care, a prisoner must establish that the defendants were deliberately indifferent to his serious medical

Commercial National Bank of Chicago v. Demos

18 F.3d 485 · Court of Appeals for the Seventh Circuit · Jun 21, 1994

Id. at 27-28, 103 S.Ct. at 2855-56. 17 In the instant case, the government clearly could bring a suit to enforce its lien in the district court, which would have jurisdiction to hear it. 26 U.S.C. Secs. 7402 , 7403. … Sec. 2410 is to waive the United States' sovereign immunity with respect to interpleader actions in which the United States' claim is based on a tax lien 3 These sections empower the United States to pursue a civil action

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.

Jafari v. Wynn Las Vegas, LLC (In Re Jafari)

569 F.3d 644 · Court of Appeals for the Seventh Circuit · Jun 17, 2009

The agreement established an initial credit line of $150,000. … To the contrary, Wisconsin cases clearly indicate that a Wisconsin court would apply Nevada law to the Wynn and Caesar’s claims.

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.

Ray Fuller v. Matthew G. Whitaker

914 F.3d 514 · Court of Appeals for the Seventh Circuit · Jan 23, 2019

Because the governing regulation permits but does not require the Board to exercise this power and there is no law defining what situations will qualify as "exceptional," there is no meaningful standard by which to evaluate … Fuller] testified without contradiction that he [is] bisexual, [and] he was rejected by his family because of this."); A.R. 54 ("The Immigration Judge's assertion that [Fuller] was not in danger if removed to Jamaica is clearly

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.

United States v. George E. Phillips

217 F.2d 435 · Court of Appeals for the Seventh Circuit · Jan 12, 1955

We-think this was clearly an erroneous idea,, the effect of which was to shift the bur- • den of proof.. … This statement standing alone undoubtedly would indicate to the jury that the burden was upon the defendant to establish good faith as a basis for acquittal.

In the Matter of Berger Steel Company, Inc., Debtor. Inland Steel Company v. Berger Steel Company, Inc.

327 F.2d 401 · Court of Appeals for the Seventh Circuit · Jan 17, 1964

Pursuant to Inland's established practice, Mr. … Co., 7 Cir., 1947, 164 F.2d 299, 301 . 43 Inland contends that the evidence clearly establishes that Mr.

Kimberly Miller v. American Family Mutual Insurance Company

203 F.3d 997 · Court of Appeals for the Seventh Circuit · Feb 16, 2000

On appeal, Miller argues- that Knap-stein’s response was not ambiguous, but was clearly a denial that the pregnancies were a problem. … Although we will assume King's alleged statement qualifies as direct evidence, there is a question whether it does.

Joshua Howard v. Lynn Koeller

Court of Appeals for the Seventh Circuit · Dec 10, 2018

Qualified immunity does not shield Koeller. … immunity does not protect her.

United States v. Olofson

563 F.3d 652 · Court of Appeals for the Seventh Circuit · May 1, 2009

Therefore, Staples did not establish a requirement for district courts to instruct juries on the meaning of “automatically” from § 5845(b). The same is true of our decision in Fleischli . … As we explain below, a weapon does not have to continue to fire until its trigger is released or its ammunition is exhausted in order to qualify as a “maehinegun” under § 5845(b).

Air Line Pilots Association, International v. Ual Corporation

874 F.2d 439 · Court of Appeals for the Seventh Circuit · May 4, 1989

On the other hand, the district judge found that section B(1)(b) was inserted solely to thwart the pilots' takeover bid, and this finding is not clearly erroneous. … A joint arbitration procedure including all parties will be established for the settlement of any dispute over market wages, benefit levels and work rules for all employee groups.

United States Ex Rel. Allen Lamers v. City of Green Bay

168 F.3d 1013 · Court of Appeals for the Seventh Circuit · Feb 22, 1999

. *1015 Buses used in tripper service must be clearly marked as open to the public and may not carry designations such as “school bus” or “school special”. … Prudential Ins., 944 F.2d 1149, 1161 (3d Cir.1991) (stating in dicta that plaintiffs may qualify if their information results from their own investigations).

United States v. Lester Dortch, A/K/A "Lightning," Wilhelm Suess, A/K/A "Wild Bill," and Floyd Dortch

5 F.3d 1056 · Court of Appeals for the Seventh Circuit · Sep 22, 1993

We find it significant that Lester did not testify during his pre-trial hearing despite a grant of immunity. See Dempsey, 806 F.2d at 768 . … Here, Floyd completed three transactions, and trial testimony established that a fourth would have occurred if the Windtramps had been able to locate him.

Vallone, Michael v. CNA Financial Corp

375 F.3d 623 · Court of Appeals for the Seventh Circuit · Jul 15, 2004

The law in this circuit is well-established, but this does nothing to cushion the hardship of pensioners faced with a new drain on their limited resources. … erroneous factual findings; or (4) the decision clearly appears arbitrary.”

United States v. Rex Hatfield

Court of Appeals for the Seventh Circuit · Jan 14, 2010

Maybe he was healthy until he ingested it, and after and because he ingested it his immune system failed and he died from an overdose of drugs, obtained from someone else, that would not have killed him but for his weakened … His ground was that the circumstances didn’t “clearly indicate the trustworthiness of the state- ment” because Willbrand had changed his story twice before admitting his involvement in the burglary. United States v.