Case law
Opinions from 1658 to today.
9,632 results
1.97s
46 F.3d 1133 · Court of Appeals for the Seventh Circuit · Dec 21, 1994
immunity. … Clearly this is a case of principle over principal.
Cited 0 timesUnpublished290 F.3d 922 · Court of Appeals for the Seventh Circuit · May 20, 2002
During Smith’s cross-examination, defense counsel established that Smith could not remember if Gajo said anything to him in English. … Because a trial witness’s grand jury testimony is not hearsay and is admissible as substantive evidence when it is inconsistent with his trial testimony, the issue we must address is whether a lack of memory at trial qualifies
Cited 58 timesPublished557 F.3d 511 · Court of Appeals for the Seventh Circuit · Mar 3, 2009
In light of Rule 901, Navar’s contention that the court erred in admitting Special Agent Tulshi’s identification because he was not qualified as an expert is wholly meritless. … Therefore, he has failed to establish prejudice resulting from his counsel’s decision not to request the instruction. III.
Cited 111 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 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 timesPublishedBowles, William A. v. Quantum Chemical Co
Court of Appeals for the Seventh Circuit · Sep 13, 2001
However, we afford great deference to the trial court’s findings of fact, and we shall reverse only if those findings are clearly erroneous. See id. … Although the district court stated in its opinion that "the severance plan does not contain any express language to qualify or quantify the degree of diminution required to establish the trigger," R.129 at 6, the language
Cited 0 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 timesPublished492 F.2d 399 · Court of Appeals for the Seventh Circuit · Feb 28, 1974
The assignment of overtime opportunities was based on the collective bargaining agreement, which provided that such opportunities would be offered by shift or department daily to the qualified employee having the least number … Furthermore, the use in Title VII of language identical to that found in the Federal Rules of Civil Procedure clearly indicates a legislative intent to limit a discretionary award of fees to those parties who are successful
Cited 4 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 timesPublished579 F.2d 1060 · Court of Appeals for the Seventh Circuit · Jul 5, 1978
The APA requirement of legal authorization does not clearly require Express statutory authority. … Given the detailed enforcement scheme and broad investigative powers established by Executive Order 11246, we see nothing clearly novel or objectionable about the Secretary's pre-hearing discovery regulations.
Cited 0 timesPublished709 F.2d 1122 · Court of Appeals for the Seventh Circuit · May 26, 1983
The parties here dispute the precise nature of the burden of establishing a business justification. … These cases concern the extension of the eleventh amendment’s umbrella of state sovereign immunity to lesser governmental entities.
Cited 99 timesPublishedRalph Greenslade v. Chicago Sun-Times, Inc., and Chicago Newspaper Guild, Local 71
112 F.3d 853 · Court of Appeals for the Seventh Circuit · May 29, 1997
Greenslade said he continued to offer Wagner rides because she never told him or clearly indicated to him that she did not want any more ride offers. … And Wagner, a new employee, was not qualified for the position in pagination.
Cited 53 timesPublishedCourt of Appeals for the Seventh Circuit · Jan 7, 2019
The district court did not clearly err in concluding that Proano’s statements did not reach the investigators and prosecutors. B. … The jury heard, and clearly rejected, these arguments. The jury saw at trial and had in deliberations the real‐time dashcam video.
Cited 0 timesPublished773 F.2d 909 · Court of Appeals for the Seventh Circuit · Sep 24, 1985
OMVI contends that its claim was governed by the April 12, 1984 bar date established in Order No. 669. … OMVI argues in the alternative that if Order No. 669 is construed to apply only to claims against the Trustee in his personal capacity, its claim qualifies as such.
Cited 49 timesPublishedCourt of Appeals for the Seventh Circuit · Jan 7, 2019
The district court did not clearly err in concluding that Proano’s statements did not reach the investigators and prosecutors. B. … The jury heard, and clearly rejected, these arguments. The jury saw at trial and had in deliberations the real‐time dashcam video.
Cited 0 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 timesPublishedPalmer RAMSEY, Sr., Plaintiff-Appellee, v. AMERICAN AIR FILTER CO., INC., Defendant-Appellant
772 F.2d 1303 · Court of Appeals for the Seventh Circuit · Aug 30, 1985
Defendant’s witnesses testified that McDaniel was selected rather than plaintiff because McDaniel, unlike plaintiff, was qualified as a spray painter, and the position of titrator required spray painting ability. … This evidence clearly supports some award to compensate plaintiff for the mental distress that he suffered. See Carter v. Duncan-Huggins Ltd., 727 F.2d 1225, 1238 (D.C.Cir.1984).
Cited 126 timesPublishedUnited States v. Martin Jonassen
759 F.3d 653 · Court of Appeals for the Seventh Circuit · Jul 16, 2014
These snippets from the record do not establish that the judge abused his discretion in declining to conduct a compe- tency hearing. … Even if the notes qualified as Jencks Act material and had been requested in a timely fashion, failure to disclose them at the conclusion of E.J.’s direct examination cannot have been prejudicial.
Cited 32 timesPublishedBarkat U. Khan and Khan & Associates, Inc. v. State Oil Company
93 F.3d 1358 · Court of Appeals for the Seventh Circuit · Aug 29, 1996
It is not cricket to distinguish a precedent by pointing to a fact mentioned by the court in the previous opinion but clearly given no weight by it. … ¡Jhis evidence falls far short of establishing a genuine issue of material fact concerning a breach of the contract.
Vacated on other grounds by State Oil Co. v. Khan, 522 U.S. 3 (1997)Cited 83 timesPublishedCourt of Appeals for the Seventh Circuit · Jan 7, 2019
The district court did not clearly err in concluding that Proano’s statements did not reach the investigators and prosecutors. B. … The jury heard, and clearly rejected, these arguments. The jury saw at trial and had in deliberations the real‐time dashcam video.
Cited 0 timesPublished
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