Case law

Ch2m Hill, Inc. v. Alexis Herman, Secretary of Labor, and Occupational Safety and Health Review Commission

192 F.3d 711 · Court of Appeals for the Seventh Circuit · Sep 23, 1999

It defines an "established Federal standard” as "any operative occupational safety and health standard established by any agency of the United States and presently in effect.” See 29 U.S.C. § 652 (10). … In addition, the Secretary clearly spelled out in the regulations that the OSHA regulations apply to eveiy employer. See 29 C.F.R. § 1910.12 (a).

United States v. Sromalski, David J.

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

We defer to the court’s findings of fact unless they are clearly errone- ous. United States v. McGiffen, 267 F.3d 581, 586 (7th Cir. 2001). … The Eleventh Circuit has recently ruled that evidence of receiving and sending pornographic images is sufficient to qualify as “trafficking” for purposes of the cross refer- ence. See United States v.

Scully v. United States

840 F.2d 478 · Court of Appeals for the Seventh Circuit · Feb 18, 1988

As a second argument, the government argued that the sale lacked the bona fide, arm’s length character needed to satisfy section 165 of the Code, which grants a deduction for qualifying losses sustained by a taxpayer. 6 The … The court said: [A] sale of stock for the very end of preserving the voting power of the parent’s management is clearly one transaction in which there is no lessening in domination and control, but an effort to maintain it

Reporters Committee for Freedom of the Press v. Todd Rokita

Court of Appeals for the Seventh Circuit · Aug 5, 2025

As the plaintiffs point out, they con- duct newsgathering activities in proximity to the police at a variety of public events—such as public assemblies, rallies, and press conferences—that do not qualify as “emergency in- … But that does not immunize the buffer law from arbitrary or discriminatory enforcement.

N.J. v. David Sonnabend

37 F.4th 412 · Court of Appeals for the Seventh Circuit · Jun 15, 2022

That development clearly moots his case. Article III of the Constitution limits the jurisdiction of the federal courts to “Cases” and “Controversies,” U.S. CONST. art. … A.L.’s T-shirt doesn’t qualify.

United States v. William Levy

741 F.2d 915 · Court of Appeals for the Seventh Circuit · Nov 13, 1984

Financial entered this arrangement because its own net worth was insufficient under VA and FHA guidelines to qualify as a principal lender. … We are unable to read that response as saying anything other than that in this ease the burden was a welcome one because of the clearly overwhelming evidence brought to the trial by the Government.

Garza, Juan R. v. Lappin, Harley

Court of Appeals for the Seventh Circuit · Jun 21, 2001

United States, 516 U.S. 137 (1995), that mere possession was insufficient to establish use; in Bousley v. … The rub is this: although the United States has signed the American Convention, it has not ratified it, and so that document does not yet qualify as one of the "treaties" of the United States that creates binding obligations

Heritage Bank & Trust Company v. James Abdnor

906 F.2d 292 · Court of Appeals for the Seventh Circuit · Jul 3, 1990

The Guaranty Agreement established the terms for Heritage's participation in the SBA loan guaranty program; it incorporated by reference all SBA rules and regulations promulgated from time to time. … Thus, the SBA failed to establish the materiality of the bank's breach under the prejudice and the custom/usage prongs of the Sahadi inquiry.

Ellipse Corporation, Cross-Appellant v. Ford Motor Company, Cross-Appellee

452 F.2d 163 · Court of Appeals for the Seventh Circuit · Dec 13, 1971

Figure (2) of the specifications clearly shows a balanced pump. … A necessary condition for the establishment of a file wrapper estoppel is that the patentee must have narrowed (or broadened) his claim in response to an objection by the Patent Office in order to obtain the patent.

McCaskill, Gloria v. SCI Mgmt Corp

Court of Appeals for the Seventh Circuit · Aug 5, 2002

The plain terms of the phrase clearly prohibit recovery of attorney’s fees regardless of the result or the type of action filed. … counsel during the course of trial may be considered a judicial admission if it was made intentionally as a waiver, releas- ing the opponent from proof of fact.”); MacDonald, 110 F.3d at 340 (declaring that “[i]n order to qualify

United Steel Paper v. NLRB

Court of Appeals for the Seventh Circuit · Sep 15, 2008

Instead, the employer may postpone rein- statement of these employees until positions become available for which they are qualified. Mackay Radio, 304 U.S. at 345-46. … The at-will disclaimer in the form, clearly the most significant piece of evidence that might have supported a contrary determination, was construed reasonably by the Board as not allowing Jones Plastic to terminate the replacements

Agustin Rhoa-Zamora v. Immigration & Naturalization Service

16 F.3d 1225 · Court of Appeals for the Seventh Circuit · Dec 23, 1993

Similarly, Congress has provided for discretionary grants of asylum only to those who qualify as refugees under 8 U.S.C. Sec. 1101 (a)(42)(A) "because of persecution or a well-founded fear of persecution...." Id. … On the contrary, the Board clearly stated that its decision was based on the fact that petitioner had once again failed to provide evidence that he had a well-founded fear of being singled out for persecution on account of

United States v. Liddell

543 F.3d 877 · Court of Appeals for the Seventh Circuit · Sep 10, 2008

For count one of the federal charges (corresponding to the last drug *880 transaction), the district court had to decide whether the two prior state convictions qualified Liddell for sentencing as a career offender. … We have clearly held that this includes the career offender guidelines.

United States v. Republic Steel Corp.

286 F.2d 875 · Court of Appeals for the Seventh Circuit · Feb 17, 1961

Any doubts are resolved by a consistent administrative construction which refused to give immunity to industrial wastes resulting in the deposit of solids in the very river in question.” … We think such finding is clearly without any substantial support.

Swearnigen-El v. Cook County Sheriff's Department

602 F.3d 852 · Court of Appeals for the Seventh Circuit · Apr 22, 2010

That remark is rather curious when one considers that the custodial sexual misconduct statute clearly states that an inmate is incapable of consent. See 720 ILCS 5/11-9.2(e). … The Supreme Court has held that, to establish construc- tive discharge, a plaintiff must show that her working conditions, from an objective standpoint, “became so intolerable that her resignation qualified as a fitting response

Scott H. Southworth and Benjamin Thompson v. Board of Regents of the University of Wisconsin System

376 F.3d 757 · Court of Appeals for the Seventh Circuit · Jul 23, 2004

The Students clearly lost on that claim. The district court correctly denied the Students attorneys’ fees to the extent that such fees were generated from that claim. … To qualify as an RSO a group must be a formalized not-for-profit group, composed mainly, but not necessarily exclusively, of students, and controlled and directed by students. 4 .

Kay, Maung Z. v. Ashcroft, John

Court of Appeals for the Seventh Circuit · Oct 29, 2004

The Immigration Court, upon receiving his Change of Address Notice, delayed his hearing but clearly stated it would be held in Chicago. … This sentence (albeit an under- statement of the human rights situation in Burma) clearly supports Kay’s position.

Ciomber v. Cooperative Plus, Inc.

527 F.3d 635 · Court of Appeals for the Seventh Circuit · May 28, 2008

But neither the law, nor Ciomber, explains how detailed a denial must be to qualify as “explicit.” … Because causation-in-fact must always be established before any inquiry regarding legal causation begins, see 1 Dan B.

United States v. Pineda-Buenaventura

622 F.3d 761 · Court of Appeals for the Seventh Circuit · Sep 15, 2010

that he was never clearly told he was pleading to an offense with a five- year mandatory minimum sentence. … Nor can we clearly determine exactly what acts Mendoza admitted.

United States v. Charles E. Koen

982 F.2d 1101 · Court of Appeals for the Seventh Circuit · Dec 15, 1992

The communications were in execution of a previously established investigation. … A direct statement that the defendant has not testified — the type of reference at issue in Griffin — is clearly a constitutional violation. Id.