Case law

Cynthia Herdrich v. Lori Pegram, M.D., Carle Clinic Association, and Health Alliance Medical Plans, Incorporated

154 F.3d 362 · Court of Appeals for the Seventh Circuit · Aug 18, 1998

While the trial judge denied the defendants’ summary judgment motion as to count III, he did conclude ERISA preempted that count, and granted Herdrich “leave to submit an amended Count III which .clearly sets forth her basis … In order to have qualified to receive benefits under Marriott’s plan, the decedent’s “injury” had to have been caused by an “accident.” See id. at 1018-19.

Deboer, Martin v. Village of Oak Park

267 F.3d 558 · Court of Appeals for the Seventh Circuit · Sep 20, 2001

The civic nature of the NDP assembly as part of that well-established practice is particularly evident. … If an application clearly violated the Use Policy, senior administrative clerk Jan Jankowski or Village Clerk Sandra Sokol would deny that application immediately.

Thomas & Betts Corporation and Thomas & Betts Holdings, Inc. v. Panduit Corporation

138 F.3d 277 · Court of Appeals for the Seventh Circuit · Apr 30, 1998

The court cited Spraying Systems, 975 F.2d at 394 , for the proposition that “[w]hile a 50-percent figure is regarded as clearly sufficient to establish secondary meaning, a figure in the thirties can only be considered marginal … Our discussion in Spraying Systems, however, did not establish that any recognition figure under 50% could not establish secondary meaning.

Walter F. Lisek v. Norfolk and Western Railway Company

30 F.3d 823 · Court of Appeals for the Seventh Circuit · Aug 24, 1994

In any event, this problem clearly was not involved in Lisek’s accident, as, if anything, he was thrown off by the ease with which the drawbar moved. … Even more explicit, Lewis qualified its finding that misalignment was normal by stating, “[a]t the same time, however, actual failure to couple automatically because of a misaligned drawbar ... is sufficient to establish

Henry, Ersol L. v. Milwaukee County

Court of Appeals for the Seventh Circuit · Aug 20, 2008

The plans were quite clearly “the product of a reasoned decision-making process, based on available information and experience.” Torres, 859 F.2d at 1532. … It further cautioned that “[a]n employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work.” Id.

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

Peter Galowski v. James Murphy, Superintendent, Columbia Correctional Institution

891 F.2d 629 · Court of Appeals for the Seventh Circuit · Dec 14, 1989

The Wisconsin Court of Appeals concluded that the trial court’s finding — that counsel informed the defendant of his rights — was not clearly erroneous. … DeRobertis, 811 F.2d 1008, 1013 (7th Cir.1987) (defendant has burden to establish both prongs of Strickland).

Graczyk v. United Steelworkers of America

763 F.2d 256 · Court of Appeals for the Seventh Circuit · May 17, 1985

No. 493: [With respect to] the amendment to delay the effective date for collectively bargained employee benefit plans, the precedent for such a delay was established in the Equal Pay Act of 1963. … Moreover, if, as in this case, the provision under consideration does not call for special expertise or competence in its interpretation, the judiciary is at least as qualified as an administrative agency to provide that

T.D. v. Lagrange School District No. 102

349 F.3d 469 · Court of Appeals for the Seventh Circuit · Nov 14, 2003

Furthermore, in light of Buckhannon, which made ex *478 plicit that “prevailing party” has a clearly established meaning that overrides various policy arguments, we are constrained to reject T.D.’s contention on this point … No. 102, 222 F.Supp.2d 1062, 1065 (N.D.Ill.2002), that is clearly the minority position among district courts.

Stacy Alexander v. Casino Queen Incorporated

739 F.3d 972 · Court of Appeals for the Seventh Circuit · Jan 8, 2014

group;  (2)  evidence,  whether  or  not  rigorously  statistical,  that  similarly  situated  employees  outside  the  protected  class  received  systematically  better  treatment; and (3) evidence that the employee was qualified … The  loss  of  such  a  significant  portion  of  plaintiffs’  income  was  clearly  “a  decision causing a significant change in benefits.” Lewis, 496 F.3d at 653. 

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

Mary Haley v. Kolbe & Kolbe Millwork Co.

863 F.3d 600 · Court of Appeals for the Seventh Circuit · Jul 11, 2017

Wolf’s re- port clearly assumed that the underside of the sash rails was “unprotected” and considered that fact a pertinent design fac- tor in his analysis. … See, e.g., Osler Inst., 333 F.3d at 837 (“Osler clearly knew the issues that were bothering the judge. It wasn’t ambushed by an argument that it couldn’t possibly address.”).

Arreola, Gilbert v. Godinez, Salvador

Court of Appeals for the Seventh Circuit · Oct 14, 2008

It also held that defendant Ernesto Velasco, the former Director of the Jail and the only County defendant sued in both his official and individual capacities, was not entitled to summary judgment or qualified immunity at … According to the County, Arreola cannot establish typicality because he has not shown that the class is “sufficiently identifiable or definite.”

United States v. Martin F. Hogan

886 F.2d 1497 · Court of Appeals for the Seventh Circuit · Oct 13, 1989

On review of a district court’s findings regarding the existence of these elements, we will reverse only if the findings are clearly erroneous. Id. at 794 . … As the Supreme Court stated in Hillmon : When the intention to be proved is important only as qualifying an act, its connection with that act must be shown, in order to warrant the admission of decía- *1512 rations of the

Del Rey Tortilleria, Inc. v. National Labor Relations Board

976 F.2d 1115 · Court of Appeals for the Seventh Circuit · Oct 22, 1992

. §§ 1101 et seq., based on their beliefs that they qualified for legalization. 2 On December 7,1988, the ALJ issued her decision. … On remand, they will have the opportunity to establish when they became entitled to receive backpay.

United States v. Marcus Welton

Court of Appeals for the Seventh Circuit · Oct 2, 2009

After Kimbrough, we established remand procedures for crack offenders who, like Hearn, were sentenced prior to Kimbrough. … In these instances, Congress speaks to the court and speaks clearly. It did not do so in § 994(h).

Howard v. Weissmann

31 F.2d 689 · Court of Appeals for the Seventh Circuit · Jan 26, 1929

But when, as here, it clearly appears that from earliest times what may be called a “craft autonomy” not only attended, but in a true sense conditioned membership in the trade district union, in local mailers’ unions and … And when, as here shown, power characterized in some instances as “sole” by the membership of a craft is possessed (either by grant, cession, or reservation), it qualifies the asserted broad “jurisdiction.”

Plumb v. Fluid Pump Service, Inc.

124 F.3d 849 · Court of Appeals for the Seventh Circuit · Aug 27, 1997

Co., 913 F.2d 295, 297 (6th Cir.1990) (“The Michigan Insurance Code clearly regulates insurance. … Co., 924 F.2d 698, 700 (7th Cir.1991) (also stating that “an assignee cannot collect unless he establishes that the assignment comports with the plan”).

United States v. Melvin Dick and Anthony Giacomino

744 F.2d 546 · Court of Appeals for the Seventh Circuit · Jul 6, 1984

Each of the statements charged in counts 12-20 misrepresented the circumstances establishing the amount the sureties would pay out on the loss and consequently the amount in which the SBA would reimburse the sureties. … The evidence clearly cannot support Giacomino’s conviction as a principal on these false statements counts.

Whetsel, Vicky v. Network Property

Court of Appeals for the Seventh Circuit · Mar 29, 2001

Of the three requirements for an employee to qualify for the executive exemption, the parties agree that Whetsel’s employment satisfied the supervisory and managerial aspects, and so the only issue is whether she was paid … The Secretary argues that this provision can aid an employer only if it first establishes that it objectively intended to pay its employees on a salary basis.