Case law

James Lewis v. Chad Henneman

Court of Appeals for the Seventh Circuit · Feb 19, 2019

In addition, no federal  case law has clearly established that a prison conduct report can form the basis for a  class‐of‐one claim, so qualified immunity protects the defendants as well. See City of  Escondido v. 

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

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 .

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.

United States v. William L. Bianucci

416 F.3d 651 · Court of Appeals for the Seventh Circuit · Jul 29, 2005

Although the corporate structure of First Bank and Republic was undoubtedly confusing to its employees and customers, the Financing Agreement at issue here clearly identified First Bank as the lender. … The question thus presented to the court was whether the subsidiary leasing corporation also qualified as an FDIC-insured bank within the meaning of section 1014.

Frederick Grede v. FCStone LLC

746 F.3d 244 · Court of Appeals for the Seventh Circuit · Mar 19, 2014

The pre-petition transfer to FCStone thus qualified as a “settlement payment” under § 546(e). … Nevertheless, the transcript shows quite clearly that the bankruptcy court authorized the transfer, notwithstanding its later regrets.

Tews Funeral Home, Inc. v. Ohio Casualty Insurance Company

832 F.2d 1037 · Court of Appeals for the Seventh Circuit · Nov 6, 1987

Counsel suggested that Ohio might select and submit to Tews a short list of reputable counsel from the area, qualified and competent in cases similar to the underlying Cedar Park case, any one of whom would be acceptable … It would be against [the insurer’s] best interest to attempt to establish that [the attorney] breached his duties as an attorney because if [the underlying plaintiff] could not establish the heavy burden of proving that every

Michael McGee v. Byran Bartow

Court of Appeals for the Seventh Circuit · Jan 27, 2010

McGee with two mental illnesses that qualified him to be committed as a SVP: paraphilia NOS and a per- sonality disorder NOS with antisocial features. Id. at 34-35. … We evaluate the record to discern only whether the state court’s adjudica- tion of the claim (1) “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme

Panther Pumps & Equipment Company, Inc., Now Morrison Pump Co., Inc. v. Hydrocraft, Inc., Paul W. Schlosser and Edward Drath

566 F.2d 8 · Court of Appeals for the Seventh Circuit · Dec 15, 1977

Plaintiff’s affidavits and the record as a whole establish that Beck had notice of the injunction. … The facts clearly show that Beck took the place of Hydrocraft.

Klodiana Pasha v. Alberto R. Gonzales

433 F.3d 530 · Court of Appeals for the Seventh Circuit · Dec 29, 2005

Dec. 354, 355 (BIA 1986), states: “You must clearly explain the specific facts and law on which you base your appeal of the Immigration Judge’s decision. … It is difficult for asylum applicants to qualify for voluntary departure if like Pasha they apply promptly for asylum upon entering the United States, because, if we may judge from cases like Shire v.

Raymond J. Donovan, Secretary of Labor v. Federal Clearing Die Casting Company and Occupational Safety and Health Review Commission

695 F.2d 1020 · Court of Appeals for the Seventh Circuit · Apr 12, 1983

This was clearly a last minute effort to establish a foundation for an appeal to the Commission. … Clearly, it is anything but the actions of a conscientious administrator.

Dass v. Chicago Board of Education

675 F.3d 1060 · Court of Appeals for the Seventh Circuit · Apr 12, 2012

To prevail on the retaliation claims, the plaintiff had to establish that she suffered a material adverse employ- ment action. Id. at 728. … Clearly, the alleged comment could not have been related to the decision to non-renew Dass.

Renetrice Pierre v. Midland Credit Management

Court of Appeals for the Seventh Circuit · Jun 8, 2022

Lane, 922 F.2d 370, 374 (7th Cir. 1991) (recognizing prisoners could recover damages for denial of free exercise rights if they could show violations of clearly established law); Williams v. … Renbarger, 576 F.3d 340 (7th Cir. 2009) (affirming denial of qualified Nos. 19-2993 & 19-3109 15 immunity where officer pointed submachine gun at persons who posed no danger at site of

Mamadou Diallo v. John D. Ashcroft

381 F.3d 687 · Court of Appeals for the Seventh Circuit · Aug 26, 2004

To qualify for refugee status in this country, a petitioner has the burden of demonstrating that she either has endured past persecution or has a well-founded fear of future persecution based on one of the statutorily protected … Once the confusion was remedied, Diallo tes *696 tified clearly that the two men were not related. (R. at 131-32). 8 .

Kimberly Passananti v. Cook County

689 F.3d 655 · Court of Appeals for the Seventh Circuit · Jul 20, 2012

The defendants clearly made a motion under Rule 50(a) and submitted something on paper in support of it. In this appeal, the particulars of the defendants’ Rule 50(a) motion are no longer relevant. … immunity for defendant Sullivan.

JPMorgan Chase Bank, N.A. v. Asia Pulp & Paper Co.

707 F.3d 853 · Court of Appeals for the Seventh Circuit · Feb 21, 2013

Second, the evidence does not begin to show, let alone clearly and convincingly, that Beloit actually made the alleged false representation knowing it to be false. … If the privilege claim in Mohawk Industries failed to satisfy the requirements of the collateral-order doctrine, it’s hard to see how the present claim could qualify.

Larry Dunn, Jr. v. Cathy Jess

Court of Appeals for the Seventh Circuit · Nov 24, 2020

Strickland provides the clearly established federal law for Dunn’s ineffective assistance of counsel claim. “A petitioner raising a Strickland claim is required to demonstrate two things.” Winfield v. … This is sufficient to establish prejudice under Strickland. III.

Cement Division, National Gypsum Company, Reed and Brown, Incorporated, New York Marine Managers, Incorporated v. City of Milwaukee

144 F.3d 1111 · Court of Appeals for the Seventh Circuit · May 28, 1998

Under *1116 these circumstances, the district court decision was clearly not an abuse of discretion. 5 IV. … United States, 270 U.S. 476, 490 , 46 S.Ct. 428 , 70 L.Ed. 694 (1926), established that unpaid interest is not damages.

United States v. Taylor

640 F.3d 255 · Court of Appeals for the Seventh Circuit · Apr 7, 2011

crimes that the government alleged he committed, and for that reason, I respectfully concur with the court’s judgment. 12 No. 10-2715 Under § 2422(b), the government must establish … The Indiana statute does not qualify the term “presence” with words like “actual” or “constructive”; it simply states the adult must fondle himself “in the presence of” a minor.

La Crosse County v. Gershman, Brickner & Bratton, Inc., Black & Veatch, a Partnership, and Jack Robinson, Managing Partner of Black & Veatch

982 F.2d 1171 · Court of Appeals for the Seventh Circuit · Jan 7, 1993

Black & Veatch prepared a “request for proposals” (RFP) that was sent to qualified firms expressing an interest in developing the County’s new waste disposal facilities. … Proof of Damages The appellants make a multi-faceted attack on the evidence introduced to establish damages.