Case law

Malone v. ReliaStar Life Insurance

558 F.3d 683 · Court of Appeals for the Seventh Circuit · Mar 12, 2009

It should come as no surprise, then, that not even death, perhaps the most sobering and forthright fact in life, is immune from legal definition. A life insurance beneficiary may prove an insured’s death in two ways. … Pursuant to the questions posed in the special verdict form, the jury found, specifically, that the plaintiff had not established the elements necessary to raise the presumption of death.

Eastman v. Yellow Cab Co.

173 F.2d 874 · Court of Appeals for the Seventh Circuit · Mar 11, 1949

Sherman Act and that the relief prayed for thereunder could not be granted; however, the court did say mor^ *880 for the opinion states, 332 U.S.. at pages 232, 233, 67 S.Ct. at: page 1568, 91 L.Ed. 2010 : “We do riot mean to establish … To be condemned such classification must be clearly arbitrary and unreasonable. Bachtel v. Wilson, 204 U.S. 36, 41 , 27 S.Ct. 243 , 51 L.Ed. 357 .

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.

Joshua Cheli v. Taylorville Community School D

Court of Appeals for the Seventh Circuit · Feb 3, 2021

Clearly Section 8.1 does not purport to restate this truism but rather states that “reasonable cause” is the only way to dismiss these employees. … The instant case is clearly distinct from Lashbrook.

Joseph Brown v. Jeffrey Kemp

86 F.4th 745 · Court of Appeals for the Seventh Circuit · Nov 13, 2023

Schirmer, 621 F.3d at 586–87 (rejecting standing to challenge state law under First Amendment where the law clearly did not apply to plaintiffs’ actions and arresting officers were clearly mistaken in arresting plaintiffs). … Qualifying acts in- clude acts similar to those listed in subsection (2)(a)(7): “1. Maintaining a visual or physical proximity to the victim. 2. Approaching or confronting the victim. …. 6m.

United States v. Marco Proano

Court 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. 

Liberles v. County of Cook

709 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.

Lake Superior District Power Company v. Commissioner of Internal Revenue

701 F.2d 695 · Court of Appeals for the Seventh Circuit · Mar 4, 1983

Into the account the taxpayer places all depreciable assets put into service during the year that fall within a single asset guideline class established by the Commissioner. See id. … A fee paid by a customer to cover the cost of installing a meter or service line is clearly a taxable customer connection fee.

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

Houck ex rel. United States v. Folding Carton Administration Committee

881 F.2d 494 · Court of Appeals for the Seventh Circuit · Aug 9, 1989

It is not clear, however, that what was done was actually the acceptance of an offer in compromise of a claim on behalf of the United States to which the regulation would clearly apply. … Because we lack subject matter jurisdiction we do not address the issue of immunity of the Administration Committee raised by appellees.

Daya Bathula v. Eric Holder, Jr.

723 F.3d 889 · Court of Appeals for the Seventh Circuit · Jul 25, 2013

concrete threats,” including the attempted kidnapping, the IJ already had deter- mined that the testimony was not credible on these points.15 With no threat carried out, and no threat “so immediate and menacing” as to itself qualify … Reddy’s filings clearly demon- strate that he was the victim of intimidation and then retaliation for his specific testimony in a specific case against the land mafia.3 2 32 Before this court, the petitioners essentially

Anthony Mertz v. Tarry Williams

771 F.3d 1035 · Court of Appeals for the Seventh Circuit · Nov 18, 2014

reviewing a habeas petition, a district court generally may not grant relief on a claim that was previously adjudi- cated by a state court unless that decision “was contrary to, or involved an unreasonable application of, clearly … Because of this, the government argued before the district court that the Circuit Court’s judgment qualifies as a decision “on the merits” under § 2254(d). 1 The district court disagreed, citing Illinois Supreme Court

Paluck, Vicki G. v. Gooding Rubber Co

Court of Appeals for the Seventh Circuit · Jul 26, 2000

South Carolina Law Enforcement Div., 170 F.3d 411, 414 (4th Cir. 1999) ("[E]mployees [may not] immunize improper behavior simply by filing [a discrimination] complaint. . . . … Paluck had failed to establish a prima facie case. The first two elements of the prima facie case are not in dispute: Ms.

United States v. Kosth, Daniel A.

Court of Appeals for the Seventh Circuit · Jul 18, 2001

It sought to introduce the terms of his supervised release to establish Kosth’s motive for originally establishing the sham ownership arrangement with his wife. … The impropriety of this kind of evasion has long been well established in the case law. United States v.

United States v. Akanni Hamzat

217 F.3d 494 · Court of Appeals for the Seventh Circuit · Jun 26, 2000

This finding (a quintessential question of judgment for the court) was not clearly erroneous. Hamzat did not enter his plea until three days after the original trial date, and one week before the rescheduled date. … Last, Adeniji argues that the drug quantity attributed to her was not established with sufficient specificity to allow for adequate appellate review and accordingly her sentence must be vacated.

United States v. Marco Proano

Court 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. 

Elmer Britton v. South Bend Community School Corporation

819 F.2d 766 · Court of Appeals for the Seventh Circuit · May 18, 1987

black teaching applicants who are hired and the percentage of qualified white applicants who are hired; if 10 percent of the qualified blacks are hired but 20 percent of the qualified whites are hired, this would be evidence … In fact, now (and probably even more clearly after further fact-finding in the district court) this case is unmistakably different from Wygant.

Palmer 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).

Maribel Rodriguez Galicia v. Alberto R. Gonzales, 1 United States Attorney General

422 F.3d 529 · Court of Appeals for the Seventh Circuit · Sep 2, 2005

Indeed, at times, the IJ’s questioning clearly assumes the role of counsel for the Government. It goes beyond clarification or simply filling in the interstices of Ms. … We review this determination under the standard established by the REAL ID Act. 7 .

Reich v. Ladish Company Incorporated

306 F.3d 519 · Court of Appeals for the Seventh Circuit · Oct 7, 2002

We will therefore reverse only if the administrator's decision was clearly unreasonable. Hightshue, 135 F.3d at 1147 . … Such a decision is therefore clearly unreasonable, and cannot stand.