Case law

Opinions from 1658 to today.

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  • 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.

    Cited 272 timesPublished
  • Consolidation Coal Company v. Local 2216, United Mine Workers of America

    779 F.2d 1274 · Court of Appeals for the Seventh Circuit · Dec 18, 1985

    It is from the quagmire of national dimensions described above that the court established the mass action theory of liability. … Clearly, more factual development as to the motive and design of local union leaders — preferably from the testimony and/or affidavits of key witnesses — would have been appropriate.

    Cited 10 timesPublished
  • Gordon B. Phillips, as Guardian of James G. Phillips v. Lincoln National Life Insurance Company, an Indiana Corporation

    978 F.2d 302 · Court of Appeals for the Seventh Circuit · Mar 24, 1993

    Since autism has an organic cause, it did not qualify as a mental illness. Id. See also Malerbi v. … In Northbrook we held that the contra proferentem principle was inapplicable because "the record clearly establishes that [the insured] was a co-drafter of the ... policy and not simply a party given a take-it-or-leave-it

    Cited 116 timesPublished
  • 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.

    Cited 2 timesPublished
  • American Home Assurance Company v. Steven Stone, Sheila Hall, Peter Hall, Brandon Hall, and Devin Hall

    61 F.3d 1321 · Court of Appeals for the Seventh Circuit · Aug 24, 1995

    .2d 1251 (1992) (refusing to hold that automobile insurance provisions excluding recovery by family members is void as against the public policy espoused by Illinois Women’s Rights Act, which abrogated interspousal tort immunity … Under the Act, a victim has a cause of action against the psychotherapist even if the sexual contact occurred after the period the patient received treatment from the therapist, so long as the former patient could establish

    Cited 27 timesPublished
  • 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.

    Cited 0 timesPublished
  • United States v. Johnson

    612 F.3d 889 · Court of Appeals for the Seventh Circuit · Jul 16, 2010

    First, the judge did not clearly state his belief that Johnson made a false statement; he merely noted that the jury did not believe Johnson’s testimony. … Here, where the PSR recommends an enhancement for perjury based on trial testimony, the trial judge is uniquely qualified to deter- mine the appropriate sentence.

    Cited 41 timesPublished
  • Brendan Dassey v. Michael Dittmann

    860 F.3d 933 · Court of Appeals for the Seventh Circuit · Jun 22, 2017

    application of clearly established federal law,” and that the admission of the confession was not harmless error. … Section 2254(d)(1) allows for a grant of relief when a decision involved an unreasonable application of clearly established Federal law.

    Cited 3 timesPublished
  • United States v. Ramirez-Silva

    369 F. App'x 744 · Court of Appeals for the Seventh Circuit · Apr 1, 2010

    Att’ys’ Bull. 11, 15-16 (2006) (discussing how prosecutors confronted with a fast-track disparity argument can initially determine whether a defendant would qualify for fast-track disposition in a fast-track district). … Moreover, the district court was clearly aware of the possibility of deportation and mentioned it several times at sentencing.

    Cited 0 timesPublished
  • Prima Tek II, L.L.C. v. Klerk's Plastic

    Court of Appeals for the Seventh Circuit · May 5, 2008

    Thus, the district court did not commit any clear error in hold- ing that the lace plant covers qualify as Upgrade B Plant Covers. … Morrison Knudsen Corp., 255 F.3d 397, 401 (7th Cir. 2001) (“the party claiming the breach must establish the amount of damages.

    Cited 0 timesPublished
  • Burlington Northern and Santa Fe Railway Company, Soo Line Railroad Company, Union Pacific Railroad Company, and Wisconsin Central Ltd. v. James E. Doyle, Attorney General of Wisconsin, E. Michael McCann District Attorney of Milwaukee County, Thomas L. Storm, District Attorney of Fond Du Lac County, and United Transportation Union, Intervening

    186 F.3d 790 · Court of Appeals for the Seventh Circuit · Jul 23, 1999

    Noting that "cover" was a somewhat restrictive term, the Court held that "[the party asserting preemption] must establish more than that [the regulations] . . pre-emption will lie only if the federal regulations substantially … Federal regulations clearly cover the subject matter of these requirements. Section 192.25(1)(a) itself regulations in 49 C.F.R. part 240 that set the qualifications of an engineer.

    Cited 7 timesPublished
  • United States v. Two Plastic Drums, More or Less of An Article of Food

    984 F.2d 814 · Court of Appeals for the Seventh Circuit · Jan 27, 1993

    manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food; and including any source of radiation intended for any such use), if such substance is not generally recognized, among experts qualified … The FDA argues that the statutory language clearly indicates that any and every component of an article of food is a food additive.

    Cited 4 timesPublished
  • Cohen Development Co v. JMJ Properties Inc

    Court of Appeals for the Seventh Circuit · Jan 24, 2003

    A finding is clearly erroneous only when this court “is left with a definite and firm conviction that a mistake has been committed.” Bowles v. … Cohen thus failed to establish that Morse’s April 8 letter constituted an offer to contract.

    Cited 0 timesPublished
  • McKinley Dudley v. Jack Duckworth, Warden, and Indiana Attorney General

    854 F.2d 967 · Court of Appeals for the Seventh Circuit · Nov 7, 1988

    It clearly appears that the prosecutor's intent was to put the threat evidence before the jury as soon as Pointer took the stand. … Lewis and Pointer, admitted accomplices testifying in exchange for immunity or dismissal of charges, are inherently dubious witnesses.

    Cited 79 timesPublished
  • United States v. Martin, Troy

    618 F.3d 705 · Court of Appeals for the Seventh Circuit · Aug 24, 2010

    Terrell clearly knew or intended that his sales would further the overall narcotics distribution scheme. … The finding clearly was supported by the evidence. The district court weighed appropriately the evidence and explained sufficiently its finding.

    Cited 32 timesPublished
  • United States v. Maro, Robert

    Court of Appeals for the Seventh Circuit · Nov 8, 2001

    At trial, she said she "recognized him so clearly and [she] just knew it was him." … The problem for law enforce ment was establishing that he was at the banks, not that he lived at his own home.

    Cited 0 timesPublished
  • Hartford Steam Boiler Inspection & Ins. v. Pabst Brewing Co.

    201 F. 617 · Court of Appeals for the Seventh Circuit · Oct 15, 1912

    The issues of law and fact thereupon are clearly raised by the pleadings and well presented in the arguments of counsel; and, whatever may be the difficulty of solution as -to the law applicable to either charge of liability … Insurance Company accompanied its above-mentioned reports to the assured, calling attention to the benefits which were given with the insurance, through its competent experts engaged in the inspections, as a means “for immunity

    Cited 28 timesPublished
  • Raymond D. Oddi, Cross-Appellant v. Ayco Corporation, a New York Corporation, Cross-Appellee

    947 F.2d 257 · Court of Appeals for the Seventh Circuit · Jan 28, 1992

    Apparently concerned *260 with the great accumulation of wealth in qualified retirement plans, Congress introduced for the first time in TRA ’86 a tax on excess distributions from these plans. 26 U.S.C. § 4981A (Supp. … After all, the presumption we establish here will offer little comfort to plaintiffs who have relied on similarly erroneous advice but will not be damaged unless the tax rate changes.

    Cited 27 timesPublished
  • 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.

    Cited 0 timesPublished
  • Torres v. Mukasey

    551 F.3d 616 · Court of Appeals for the Seventh Circuit · Dec 23, 2008

    In the course of his questioning, the IJ referred to “boot camp” and “drill sergeants,” common American military concepts that were clearly unfamiliar to Torres. … Even assuming, arguendo, that the IJ did not err by requiring a nexus for Torres’s mistreatment as a prerequisite to finding him credible, a proper analysis of the record shows that Torres clearly did establish such a nexus

    Cited 55 timesPublished

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