Case law
Opinions from 1658 to today.
9,632 results
1.29s
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 timesPublishedConsolidation 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 timesPublished978 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 timesPublished982 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 timesPublished61 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 timesPublishedCourt 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 timesPublished612 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 timesPublishedBrendan 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 timesPublishedUnited 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 timesPublishedPrima 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 timesPublished186 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 timesPublishedUnited 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 timesPublishedCohen 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 timesPublishedMcKinley 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 timesPublished618 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 timesPublishedCourt 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 timesPublishedHartford 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 timesPublishedRaymond 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 timesPublishedCourt 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 timesPublished551 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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