Case law

Harold A. Ebbole v. United States

8 F.3d 530 · Court of Appeals for the Seventh Circuit · Oct 27, 1993

In short, Ebbole has failed to establish an ineffective assistance of counsel claim. B. … Subsection (b) provides: (b) If the defendant qualifies for a [two-level reduction] under subsection (a), the offense level determined prior to the operation of subsection (a) is level 16 or greater, and the defendant has

Bruner Corporation v. R.A. Bruner Company and Robert A. Bruner, Sr., Cross

133 F.3d 491 · Court of Appeals for the Seventh Circuit · Jan 7, 1998

The district court clearly knew of the existence of the Pierringer release during the summary judgment phase, but R.A. … Only then was it established that Balogh would be 100% liable to R.A. Bruner in a contribution action. This argument does not excuse R.A.

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.

Bogustawa Frey v. Hotel Coleman

903 F.3d 671 · Court of Appeals for the Seventh Circuit · Sep 11, 2018

The  phrase  “as  well  as  individuals,”  the  Court  rea‐ soned,  clearly  demarcated  the  term  “individual”  from  “the  list  of  artificial  entities  that  precedes  it.”  Id.  … A plaintiff need  not establish that every Knight factor falls in her favor in order  to prevail. See, e.g. 

Francis Gutierrez and Joseph Rydel v. At&t Broadband, LLC and Communications and Cable of Chicago, Inc.

382 F.3d 725 · Court of Appeals for the Seventh Circuit · Sep 28, 2004

Those questions were quite clearly directed at finding additional witnesses who would assist plaintiffs in the discovery process. … Rather, the undisputed evidence establishes that Chicago Cable designed, compiled, and furnished the bills to its customers.

Brannigan, Wayne v. United States

Court of Appeals for the Seventh Circuit · Apr 20, 2001

"cause" and "prejudice," which is more difficult than establishing "plain error." … Crucial here is the answer to the question whether Apprendi qualifies as a new rule that was "previously unavailable" to Brannigan.

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.”

Jerry Wilson v. Dan Cromwell

Court of Appeals for the Seventh Circuit · Jan 23, 2023

See, e.g., Lee, 750 F.3d at 693 (holding that the Allen rule “clearly served as an inde‐ pendent basis for the court’s denial of [petitioner’s] motion”); Triplett v. … We further hold that Wallace’s testimony does not suffi‐ ciently establish Wilson’s actual innocence.

Overseas Development Disc Corporation, Plaintiff-Intervening Cross-Defendant- and Universal Development Corporation, Intervening and Intervening Cross-Plaintiff-Appellee v. Sangamo Construction Company, Inc., Overseas Development Disc Corporation, Plaintiff-Intervening Cross- and Universal Development Corporation, Intervening and Intervening Cross-Plaintiff-Appellant v. Sangamo Construction Company, Inc., Overseas Development Disc Corporation, Plaintiff-Intervening Cross- and Universal Development Corporation, Intervening and Intervening Cross-Plaintiff-Appellee v. Sangamo Construction Company, Inc.

686 F.2d 498 · Court of Appeals for the Seventh Circuit · Sep 7, 1982

Overseas at the same time was trying to establish itself as a Middle East representative for American corporations. … We do not preclude the possibility of an implied acceptance being established in certain circumstances."

Terrance Thompson v. City of Chicago

722 F.3d 963 · Court of Appeals for the Seventh Circuit · Jul 10, 2013

On this understanding of unfair prejudice, the inability to cross-examine doesn’t qualify. … Thompson has established a long list of trial errors.

Wilk v. American Medical Ass'n

895 F.2d 352 · Court of Appeals for the Seventh Circuit · Feb 7, 1990

The court’s finding that JCAH did not participate in the AMA’s conspiracy was not clearly erroneous. … A physician may send his patient to a qualified and ethical optometrist for optometric services.

Minerva Dairy, Inc. v. Harsdorf

905 F.3d 1047 · Court of Appeals for the Seventh Circuit · Oct 3, 2018

The Department further qualifies all of these characteristics by "intensity"-"[s]light," "[d]efinite," or "[p]ronounced." Id. § 85.04(2). … Butter grades were initially established by individual local exchanges in order to ensure an "accurate basis for trading" and "to establish, for each grade, a market price commensurate with quality."

Hammond Power Solutions, Inc. v. National Union Fire Insurance Company of Pittsburg

Court of Appeals for the Seventh Circuit · Jul 25, 2025

The parties agree that electromag- netic fields qualify as “radiation.” … Wisconsin law recognizes that “contextual ambiguity is established precedent.

Mary A. O'Regan v. Arbitration Forums, Inc., a New York Not-For-Profit Corporation, and Yvonne Weaver

246 F.3d 975 · Court of Appeals for the Seventh Circuit · Apr 9, 2001

First, O’Regan must make a prima facie case of discrimination by showing that: (1) she was a member of a protected class; (2) she was qualified for her position; (3) she was discharged; and (4) other, similarly situated employees … The record clearly shows that after the Resolute controversy, Weaver and other AF personnel reviewed AF’s policies and practices for ways to preserve and protect its proprietary interests.

Fred T. MacKey v. United States

411 F.2d 504 · Court of Appeals for the Seventh Circuit · Jun 4, 1969

The criteria which control the question are nonetheless clearly delineated. … If gambling were not a crime, or if defendant had been granted immunity from all gambling prosecutions, he could have claimed no privilege by reason of potential income tax jeopardy against filing the required wagering excise

Gloria J. McCaskill v. Sci Management Corporation, Sci Illinois Services Incorporated, Doing Business as Evergreen Cemetery, Sam Smith

298 F.3d 677 · 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, releasing the opponent from proof of fact."); MacDonald, 110 F.3d at 340 (declaring that "[i]n order to qualify

Lamers Dairy Inc v. AGRI

Court of Appeals for the Seventh Circuit · Aug 13, 2004

It therefore clearly does not involve fundamental rights or target a suspect class and is merely an economic regula- tion. See, e.g., id. Such an economic classification “is ac- corded a strong presumption of validity.” … Fourth, the arrangements between large processors and other plants enable additional plants to qualify for the order and constitute efficient systems of supply in the market.

United States v. Seymour

519 F.3d 700 · Court of Appeals for the Seventh Circuit · Mar 24, 2008

, and established beyond a reasonable doubt.” 127 S.Ct. at 863-64 . … As discussed herein, none of the Defendants even come close to qualifying as "minor participants,” therefore we need not address these concerns. 3 .

Whitaker ex rel. Whitaker v. Kenosha Unified School District No. 1 Board of Education

858 F.3d 1034 · Court of Appeals for the Seventh Circuit · May 30, 2017

The district court did not clearly err in relying upon these findings when it concluded that Ash would suffer irreparable harm absent preliminary injunctive relief. … Therefore, we find that Ash has sufficiently established a probability of success on the merits of his Title IX claim. ii.

Alan L. Matheney v. Rondle Anderson

253 F.3d 1025 · Court of Appeals for the Seventh Circuit · Jun 18, 2001

We cannot say that Matheney, (rather than his counsel) “failed” to establish a record sufficient to analyze his claims on appeal as the record clearly establishes that the majority of Matheney’s attempts to file pleadings … Obviously, if a defendant is unable to establish that he suffered from a mental disease or defect at the time of the crime, he cannot establish either an insanity defense or the death penalty mitigator.