Case law

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.

United States v. Gee, Jim

Court of Appeals for the Seventh Circuit · Sep 11, 2000

"The existence of a mere buyer-seller relationship between [defendants, however,] without more, is not sufficient to establish a defendant’s guilt. … Contrary to the government’s assertion, Bean does not stand for the proposition that sec. 5K2.0 departures for acceptance of responsibility are unavailable for defendants who do not qualify for a sec. 3E1.1 departure.

United States v. Donald Austin

54 F.3d 394 · Court of Appeals for the Seventh Circuit · Jun 23, 1995

This evidence does not establish that Austin led “five or more persons sharing criminal responsibility.” Tai II at 1174. … The record clearly reflects that Austin objected to this enhancement and that the district court overruled the objection.

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

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.

United States v. Van Sach, Joseph

Court of Appeals for the Seventh Circuit · Aug 17, 2006

Yet, the Court narrowed its holding to testimonial statements, explaining that the Confrontation Clause “does not bar the use of testimonial statements for purposes other than establishing the truth of the matter asserted … It is therefore critical that the district court clearly define the term possession for the jury.

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. Mark A. Booker, Also Known as Bizmark

71 F.3d 685 · Court of Appeals for the Seventh Circuit · Dec 6, 1995

Booker qualifies for the “safety valve” provision added by the September 1994 Crime Bill and incorporated verbatim into the Sentencing Guidelines. … Booker had two criminal history points, he clearly was not eligible for a reduction from his mandatory minimum sentence. Because we agree that Mr.

IN Bell Tele Co v. McCarty, William D.

362 F.3d 378 · Court of Appeals for the Seventh Circuit · Mar 5, 2004

In so doing, the Supreme Court more clearly delineated under what circumstances an incumbent can be required to combine unbundled network elements. … Although subsection 9.3.3 does not specifically mention payment for the combination efforts, that issue is clearly addressed else- where in the interconnection agreement.

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 .

In Re Houck

881 F.2d 494 · Court of Appeals for the Seventh Circuit · Sep 15, 1989

United States, 342 F.2d 655, 662 (7th Cir.1965). 19 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 … Any gift to the Foundation must by statute be deposited in a separate fund in the Treasury of the United States awaiting its use by the Board. 9 Because we lack subject matter jurisdiction we do not address the issue of immunity

Richard H. Sherman v. Community Consolidated School District 21 Of Wheeling Township

8 F.3d 1160 · Court of Appeals for the Seventh Circuit · Oct 25, 1993

We turn first to the Shermans' Establishment Clause claims. 8 II ANALYSIS A. The Establishment Clause 10 Our Establishment Clause analysis must start with Lemon v. … The front doors of Riley School are not used for a promotional campaign for the Boy Scouts, but are used as a community bulletin board, on which all qualified organizations may announce their upcoming events. 17 The record

First Wisconsin Mortgage Trust v. First Wisconsin Corp.

571 F.2d 390 · Court of Appeals for the Seventh Circuit · Feb 24, 1978

, however, notwithstanding that there is no apparent basis in the record for invoking the protective cloak of confidentiality, or perhaps because of that lack, to state that it is unnecessary to establish that the disqualified … The reasoning and result of the discovery cases are clearly not applicable here.

Walter Winston v. United States Postal Service

585 F.2d 198 · Court of Appeals for the Seventh Circuit · Sep 7, 1978

Nevertheless, we are satisfied that legislative history clearly demonstrates Congressional intent that nonpreference-eligible postal employees who are covered by a collective bargaining agreement are to be limited solely … As noted previously, a crisis in postal labor relations, culminating in the strike of 1970, occurred during consideration of postal reform by the Congress and clearly influenced the approach adopted by the PRA, thus: Events

General Service Employees Union, Local No. 73, Seiu, Afl-Cio, Clc v. National Labor Relations Board

230 F.3d 909 · Court of Appeals for the Seventh Circuit · Oct 16, 2000

The Act clearly describes the certification process, and in so doing it provides the kind of context for understanding section 9(b)(3) that the Supreme Court called for in Broum & Williamson. … To qualify for section 7 and section 8 protections, a union must simply be a “representative[ ] of [the] employees.” 29 U.S.C. § 158 (a)(5).

Boldt Company v. Black & Veatch Construction, Inc.

Court of Appeals for the Seventh Circuit · Jul 8, 2026

Bank, 619 F.3d 748, 762 (7th Cir. 2010) (holding that an opinion was adequately disclosed when an expert did not clearly deviate from the established scope and the opposing party’s cross-examination was well-prepared); Gay … We disagree, because this ambiguous contract doesn’t necessarily establish such a lopsided rule.

United States v. Jackson, Harold

207 F.3d 910 · Court of Appeals for the Seventh Circuit · Mar 23, 2000

The evidence of each defendant’s guilt was clearly sufficient and the alleged trial errors were for the most part--though with an important exception--either nonexistent or clearly harmless. … It is interesting to speculate about whether the government can ever establish prejudice for Rule 52(b) purposes, but I have no need at this juncture to rule out that possibility absolutely.

The Continental Corporation v. The Aetna Casualty & Surety Company

892 F.2d 540 · Court of Appeals for the Seventh Circuit · Mar 14, 1990

In fact, taking a wholly contrary view, we think the provision clearly and unambiguously excludes coverage of Continental’s losses. … We think the district court erred by drastically qualifying, and virtually rewriting, the plain terms of the bond.

The Boldt Company v. Black & Veatch Construction, Inc.

Court of Appeals for the Seventh Circuit · Jul 8, 2026

Bank, 619 F.3d 748, 762 (7th Cir. 2010) (holding that an opinion was adequately disclosed when an expert did not clearly deviate from the established scope and the opposing party’s cross-examination was well-prepared); Gay … We disagree, because this ambiguous contract doesn’t necessarily establish such a lopsided rule.

Fruit Of The Loom, Incorporated v. Commissioner Of Internal Revenue

72 F.3d 1338 · Court of Appeals for the Seventh Circuit · Jan 5, 1996

The parties executed the Form 870 in December 1972. 6 As a result of an internal communication problem certain qualifying language in the Form 870 was overlooked. … have, as neither the complaint nor the amended complaint placed the 1967 tax year at issue. 5 This record evidence convinces us that the tax court's application of legal principles to the facts on this question was not clearly