Case law

Cafi, Iljas v. US Parole Commission

Court of Appeals for the Seventh Circuit · Sep 28, 2001

Cafi argues that he was entitled to a minor-participant reduction because the record established that another individual, Brian, organized the operation, employed both Cafi and Codognotto, provided the cocaine, and provided … Because Cafi’s release date was based solely on the drugs he possessed, the Commission did not clearly err in denying Cafi’s request for a reduction for being a minor participant. See Lampkins, 47 F.3d at 180.

John Asare Boadi v. Eric Holder, Jr

706 F.3d 854 · Court of Appeals for the Seventh Circuit · Feb 7, 2013

Boadi appealed through counsel to the Board of Immigration Appeals, raising the same claims he now raises to this Court and also challenging the immigration judge’s decision as clearly erroneous. … Gonzales, 489 F.3d 829, 834 (7th Cir. 2007) (“To warrant a new immigra- tion hearing . . . an alien must establish that she was prejudiced, that is, that the error likely affected the result of the proceedings.”).

Kenneth Scrogham v. Carolyn Colvin

765 F.3d 685 · Court of Appeals for the Seventh Circuit · Aug 27, 2014

The case law of this circuit clearly permits the ALJ to give some consideration to such activity on the part of the applicant when assessing his credibility. Schmidt v. Barnhart, 395 F. 3d 737, 746 (7th Cir. 2005). … And the “sporadic performance [of household tasks or work] does not establish that a person is capable of engaging in substantial gainful activity.” Thompson v.

Employers Mutual v. John Skoutaris

Court of Appeals for the Seventh Circuit · Jul 13, 2006

On April 7, 2000, a fire ravaged the Open Flame Restaurant (“Open Flame”), a Valparaiso, Indiana establishment owned and operated by John Skoutaris. … Here, the policy clearly states, “[i]f there is an appraisal, we [Hamilton Mutual] will still retain our right to deny the claim.”

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.

United States v. Edward B. Betts, Randy J. Lane, and Judy K. Lane

16 F.3d 748 · Court of Appeals for the Seventh Circuit · Feb 15, 1994

Lechuga, 925 F.2d 1035, 1041 (7th Cir.1991), and we will not reverse a district court’s finding on this issue unless clearly erroneous. United States v. … I think he clearly knew what he was doing. I don’t see any overreaching here of the law enforcement officials in this ease. ...

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.

United States v. Harris

536 F.3d 798 · Court of Appeals for the Seventh Circuit · Aug 6, 2008

A probation officer then prepared a pre-sentence investigation report (PSR), in which the officer determined that Harris was a career offender, see U.S.S.G. § 4Bl.l(a), because he had two prior qualifying felony convictions … The district court did not clearly err by allowing the prosecutor to comment on admissible evidence that rebutted the defense’s trial theories. See id. C.

United States v. William E. Miller, William L. Phillips, and Sherry J. Mitchell

962 F.2d 739 · Court of Appeals for the Seventh Circuit · May 11, 1992

In order to qualify for the loans, Miller and Phillips misrepresented their incomes and failed to disclose their full indebtedness. They also falsely represented that they had paid earnest money to the “sellers.” … Given these facts, the district court’s conclusion that they exercised a leadership role was not clearly erroneous. III. DEFENDANT MITCHELL A.

Rene Zambrano v. Jennifer Reinert, in Her Official Capacity as Secretary of the Wisconsin Department of Workforce Development

291 F.3d 964 · Court of Appeals for the Seventh Circuit · May 29, 2002

The Cannery Rule qualifies that statutory definition of employment, excluding wages earned by fruit and vegetable processors unless those workers meet one of the three aforementioned conditions. … Yet Wisconsin does not stand on the limited scope of § 1983 and does not assert its immunity under the eleventh amendment.

United States v. Lutwak. United States v. Knoll. United States v. Treitler

195 F.2d 748 · Court of Appeals for the Seventh Circuit · Apr 16, 1952

Clearly the matter mentioned in those two excerpts is in no way related to the facts or the law of'this case. … Should that immunity extend tó his wife? The enlightenment of the times which requires modification of common law principles may be found in the informed judgment of legislatures or the courts. Funk v.

United States v. Shotwell Manufacturing Company, a Corporation, United States of America v. Byron A. Cain, United States of America v. Harold E. Sullivan

287 F.2d 667 · Court of Appeals for the Seventh Circuit · Apr 11, 1961

establishes that only a relatively small percentage of the black-market payments made by Lubben to Shotwell were utilized for the purchase of raw corn, * * *. … It however gave to the jury instead, the following instruction: 51 "The fact that the defendants may have assumed that their disclosure granted immunity to the Shotwell Company, and to the individual defendants herein, is

Hunt v. Commodity Futures Trading Commission

591 F.2d 1234 · Court of Appeals for the Seventh Circuit · Jan 8, 1979

Regulatory agencies are essentially immune from responding in damages for even the most flagrantly arbitrary and capricious action. The balance is not easily drawn. … The record in Hunt I clearly confirms that fact. .

Secretary of Labor v. Frank E. Fitzsimmons, David Dutchak, and Secretary of Labor, Intervening v. International Brotherhood of Teamsters, Etc., Chester Sullivan, and Secretary of Labor, Intervening v. Estate of Frank E. Fitzsimmons

805 F.2d 682 · Court of Appeals for the Seventh Circuit · Dec 22, 1986

The trustees certainly do not dispute the fact that more members of the union should qualify for pensions since they agreed to settle the action allowing for liberalization of the pension benefit rules. … This is clearly distinguishable from the CSPF settlement in this case wherein the legality of the trustees' conduct, recoupment of past losses, and the future integrity of the plan were clearly at issue and negotiated extensively

MAO-MSO Recovery II, LLC v. State Farm Mutual Automobile

Court of Appeals for the Seventh Circuit · Aug 15, 2019

In that case, the Medicare Secondary Payer provisions establish a private right of action that permits some private plaintiffs to sue for double damages. … When we apply that standard, however, we must bear in mind that “[a] district court would necessarily abuse its discretion if it based its ruling on an erroneous view of the law or on a clearly erroneous assessment of the

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 .

Procopio v. Johnson

994 F.2d 325 · Court of Appeals for the Seventh Circuit · May 6, 1993

than two years after Ashley had been moved to her biological parents' home--permanent custody was again granted to them 4 Section 1983 provides a federal cause of action for "the deprivation of any rights, privileges, or immunities … Wilder, 496 U.S. at 509 , 110 S.Ct. at 2517 14 Though the Procopios do not clearly differentiate their contention that they can sue directly under the AACWA through section 1983 from their contention that the AACWA serves

Sherry Eirhart and Equal Employment Opportunity Commission v. Libbey-Owens-Ford Company and Lof Glass Incorporated

996 F.2d 837 · Court of Appeals for the Seventh Circuit · Jun 1, 1993

VII, section 5(E). 3 The first seventy-five permanent openings at LOF's plant in Sherman, Texas were to be offered to qualified JSCMs. … III. 17 The district court's findings and conclusions were not clearly erroneous.

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

Lipson, Sylvia A. v. United States

Court of Appeals for the Seventh Circuit · Nov 7, 2000

After reciting the standard established by Strickland v. Washington, 466 U.S. 668 (1984), and noting that Lipson was relying on Strickland rather than Cuyler v. … The government correctly responded in its brief that the record clearly showed that no such thing occurred. Lipson was represented by attorney Richard R. Black, of East St.