Case law

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  • Reed v. United States

    743 F.2d 481 · Court of Appeals for the Seventh Circuit · Aug 24, 1984

    Andrew pre-deceased Veronica by sixteen months, leaving her property valued at approximately $435,000, of which $336,500 qualified for a marital deduction. … In accordance with established precedent, we find no constitutional defect in the retroactive application of the 1978 amendment to Sec. 2035.

    Cited 1 timesPublished
  • United States v. David Price

    Court of Appeals for the Seventh Circuit · Oct 19, 2018

    Thus, Price ar‐ gues, Holden cannot qualify as a victim because he was a co‐ conspirator and participant in the drug conspiracy, and there‐ fore the district court had no statutory authority to order res‐ titution  to  reimburse … Price  con‐ tends  that  this  is  plain  error  because,  he  asserts,  the  court  clearly acted  without authority under the plain language  of  the  statute. 

    Cited 0 timesPublished
  • Spurlino Materials, LLC v. National Labor Relations Board

    645 F.3d 870 · Court of Appeals for the Seventh Circuit · Jun 23, 2011

    In May of 2006, Spurlino established a temporary plant near the stadium construction site. … error is clearly Nos. 10-2875 & 10-3049 21 shown.’ ”) (quoting Universal Camera v.

    Cited 14 timesPublished
  • United States v. Brian L. Inglese and Earl F. Baumhardt, Jr.

    282 F.3d 528 · Court of Appeals for the Seventh Circuit · Mar 8, 2002

    The government’s next witness was Yolanda Webb, who testified pursuant to a grant of immunity. Webb testified about several straw purchases that she engaged in with her boyfriend Andre Smith. … At trial, Inglese and Baumhardt clearly claimed that they did not know that the police officers and Webb engaged in straw purchases.

    Cited 38 timesPublished
  • Rodolph Lanaghan v. Darryl Koch

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

    The undisputed facts establish that Lana‐ ghan faced severe physical limitations during the 14‐day pe‐ riod at issue here.  … The defendants have not met their burden of establish‐ ing that a remedy was available to Lanaghan that he failed to  exhaust.  

    Cited 0 timesPublished
  • United States v. Booker Sewell

    780 F.3d 839 · Court of Appeals for the Seventh Circuit · Mar 13, 2015

    Sewell points to no evidence, and we find none, to character- ize this finding as clearly erroneous. … Despite Sewell’s arguments to the con- trary, the district court’s finding is not clearly erroneous.

    Cited 50 timesPublished
  • 41 Fair empl.prac.cas. 296, 40 Empl. Prac. Dec. P 36,304 Beverly J. Ratliff v. City of Milwaukee, Harold A. Breier, Raymond A. Beste, Joseph A. Kalivoda, Edward N. Kondracki, Charles R. Figer, and Edmund Majkowski, Defendants

    795 F.2d 612 · Court of Appeals for the Seventh Circuit · Jul 9, 1986

    Though she eventually passed the criminal law exam and was found qualified in firearms skills, she continued to have a great deal of trouble writing reports. … She also stated that he told her that she was unqualified, that others were more qualified and that she should not be at the Academy.

    Cited 0 timesPublished
  • Judith Harris, Cross-Appellee v. Mutual of Omaha Companies and Rural Carrier Benefit Plan, Cross-Appellants

    992 F.2d 706 · Court of Appeals for the Seventh Circuit · Apr 29, 1993

    Establish response rate and duration of response in advanced breast cancer treated with [the Broun Treatment]. 2. … Only three forms of proof qualify as “reliable evidence” under the Plan.

    Cited 36 timesPublished
  • Rodolph Lanaghan v. Darryl Koch

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

    The undisputed facts establish that Lana‐ ghan faced severe physical limitations during the 14‐day pe‐ riod at issue here.  … The defendants have not met their burden of establish‐ ing that a remedy was available to Lanaghan that he failed to  exhaust.  

    Cited 0 timesPublished
  • Doubet v. Eckelberg

    81 F. App'x 596 · Court of Appeals for the Seventh Circuit · Nov 18, 2003

    We first note that the PRB members, whose decision not to provide full hearings was adjudicatory in nature, are absolutely immune from suit in their individual capacities. See Wilson v. … We note that Barber clearly has no claim, as he failed to file charges with the PRB.

    Cited 1 timesPublished
  • Thomas, Carl E. v. Guardsmark Inc

    Court of Appeals for the Seventh Circuit · Aug 27, 2004

    On this basis, Illinois courts have held that an employee’s suspension does not qualify as a “dis- charge” for purposes of a retaliatory discharge action and has therefore rejected such claims. See, e.g., Melton v. … (“So long as the employer’s message that the employee has been involun- tarily terminated is clearly and unequivocally communi- cated to the employee, there has been an actual discharge, regardless of the form such discharge

    Cited 0 timesPublished
  • United States v. David Price

    Court of Appeals for the Seventh Circuit · Oct 19, 2018

    Thus, Price ar‐ gues, Holden cannot qualify as a victim because he was a co‐ conspirator and participant in the drug conspiracy, and there‐ fore the district court had no statutory authority to order res‐ titution  to  reimburse … Price  con‐ tends  that  this  is  plain  error  because,  he  asserts,  the  court  clearly acted  without authority under the plain language  of  the  statute. 

    Cited 0 timesPublished
  • Saint Anthony Hospital v. Theresa Eagleson

    40 F.4th 492 · Court of Appeals for the Seventh Circuit · Jul 5, 2022

    We appreciate the point, but we think Congress spoke suf‐ ficiently clearly here. … a method for establishing enrollment priorities in the case of a managed care entity that does not have sufficient capacity to enroll all such individuals seeking enrollment ….”); § 1396u‐2(a)(4)(D) (“[T]he State shall establish

    Cited 25 timesPublished
  • Robert Reich, Secretary of Labor v. Great Lakes Indian Fish and Wildlife Commission

    4 F.3d 490 · Court of Appeals for the Seventh Circuit · Dec 9, 1993

    An effective system of property rights, we have long been reminded by skeptics about laissez-faire, depends upon regulations establishing and enforcing those rights. Robert L. … As the foregoing discussion makes clear, the Commission has failed to establish any one of the three grounds in Smart for exempting Indians from the FLSA.

    Cited 49 timesPublished
  • Battle v. Clark Equipment Co.

    579 F.2d 1338 · Court of Appeals for the Seventh Circuit · Jun 29, 1978

    The SUB plan provided for regular weekly benefits payable to any qualified employee laid off during the course of employment. … The Employees’ Failure to Establish a Section 301(a) Claim Against the Company.

    Overruled on other grounds by Maxim B. Rupe, Cross-Appellant v. Spector Freight Systems, Inc., and Teamsters, Chauffeurs & Helpers Union, Local 279, Cross-Appellee, 679 F.2d 685 (1982)Cited 24 timesPublished
  • United States v. Vickie Sanders

    909 F.3d 895 · Court of Appeals for the Seventh Circuit · Dec 3, 2018

    On September 20, 2017, the government filed an information to establish that Sanders had been previously convicted of a felony drug offense in Cal- ifornia. … Indeed, it “clearly knows … how to en- sure that expunged convictions are disregarded in later judi- cial proceedings.”

    Cited 15 timesPublished
  • Wootten v. Wootten

    159 F.2d 567 · Court of Appeals for the Seventh Circuit · Jan 25, 1947

    Wootten to establish a constructive trust in 53.6 shares of stock in the Red River Ranch, Inc., 1 a New Mexico corporation. Vendla E. Wootten brought an action against John B. … Wootten; he duly qualified, and continued to act as such executor until October, 1944. Vendía E. Wootten is the widow of R. K. Wootten, and Carl E. Wootten is the son of R. K. Wootten. Under the terms of his will, R. K.

    Cited 9 timesPublished
  • United States v. Kevin O. Depriest and Steve Morrell

    6 F.3d 1201 · Court of Appeals for the Seventh Circuit · Sep 21, 1993

    is not included in establishing the defendant’s offense level •under this guideline. … The controlling standards on this issue are now well-established.

    Cited 129 timesPublished
  • In the Matter of Making Available to the Attorney General of the State of Indiana Certain Testimony Before the United States Grand Jury, Northern District of Indiana, of Various Witnesses in an Investigation Relating to Metro Holovachka. Appeal of Patrick Brennan

    317 F.2d 834 · Court of Appeals for the Seventh Circuit · May 22, 1963

    We hold that the Attorney General of the State of Indiana and his assistant do not qualify under Rule 6(e) as 'attorneys for the government.' 8 In United States V. … It was established that Holovachka failed to keep adequate records of his income; that his income record book kept outside his office had been destroyed or lost; that substantially all of his cancelled checks from 1954 through

    Cited 0 timesPublished
  • 17 Fair empl.prac.cas. 1513, 17 Empl. Prac. Dec. P 8586 in Re Consolidated Pretrial Proceedings in the Airline Cases. Appeal of American Airlines, Inc., and Trans World Airlines, Inc

    582 F.2d 1142 · Court of Appeals for the Seventh Circuit · Aug 24, 1978

    In those cases, the plaintiffs can establish a prima facie case by proving that the practice has a discriminatory effect. See Dothard v. Rawlinson, 433 U.S. 321, 329 , 97 S.Ct. 2720 , 53 L.Ed.2d 786 (1977). … Terry, however, clearly proceeded on the basis of jurisdiction. 17 This case has been limited in its application to its unusual facts. See, e. g., Joyce v. United States, 474 F.2d 215 , 218 n.1 (3d Cir. 1973)

    Cited 8 timesPublished

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