Case law

Richard Graff v. City of Chicago

986 F.2d 1055 · Court of Appeals for the Seventh Circuit · Apr 15, 1993

"Self-censorship is immune to an `as applied' challenge, for it derives from the individual's own actions, not an abuse of government power." Id. at 757 , 108 S.Ct. at 2144 . … The real parallel, the Court opined, is between newsracks and leafleters, whose First Amendment rights are well established. Id. at 762 , 108 S.Ct. at 2146 (citing Lovell, 303 U.S. at 447 , 58 S.Ct. at 667 ).

Ben-Yisrayl, Obadyah v. Buss, Ed

Court of Appeals for the Seventh Circuit · Aug 28, 2008

. ___, 128 S.Ct. 743, 746-47, 169 L.Ed.2d 583 (2008) (emphasizing that a state court’s application of clearly established law is acceptable, even if it is likely incorrect, so long as it is reasonable). … It follows, therefore, that the Indiana Court of Appeals did not act contrary to clearly established fed- eral law, nor did they unreasonably apply this law, in upholding his sentence.

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.

Durkin, Michael v. Equifax Check Serv

Court of Appeals for the Seventh Circuit · Apr 18, 2005

However, it is well-established that a court’s gatekeeping func- tion under Daubert, which is intended to prevent irrelevant and unreliable expert testimony from tainting a case, applies to all expert testimony, not just … Metcalf is qualified to offer such testimony simply because he is an English professor and [a] linguist. . . . Because Dr.

Kariotis v. Navistar International Transportation Corp.

131 F.3d 672 · Court of Appeals for the Seventh Circuit · Dec 9, 1997

We need not' determine whether McDonnell Douglas should be applied whenever a state statute has an anti-retaliation provision because Kariotis’ claim is so clearly preempted by ERISA. … And while COBRA allows an employer to refuse continued health coverage if an employee is terminated for “gross misconduct” (meaning the employee is no longer a “qualified beneficiary” under. 29 U.S.C. § 1163 ), what if the

Allan Kustok v. David Mitchell

99 F.4th 1066 · Court of Appeals for the Seventh Circuit · Apr 29, 2024

Furthermore, we conclude that Kustok does not qualify for any exception to the procedural-default rules, and so we affirm the dismissal of his petition. … If Veach II announced a new rule in 2017, that rule obviously would not have been clearly established at the time of Kustok’s direct appeal in 2016. The problem is that Veach II’s rule was not new—far from it.

National Labor Relations Board v. Arthur Winer, Inc.

194 F.2d 370 · Court of Appeals for the Seventh Circuit · Feb 26, 1952

As a part of this ■campaign the vice president of the company in an address to the employees accused the union of being dominated by Communists and said that it was not qualified to •represent the employees. … This question shows very clearly that Little then understood that the assigned reason for her discharge was the trouble she had been having with her machine.

Wisconsin Electric Power Company v. William K. Reilly, Administrator and United States Environmental Protection Agency

893 F.2d 901 · Court of Appeals for the Seventh Circuit · Apr 3, 1990

These steps clearly amount to a “physical change” in the Port Washington plant. … Further, to adopt WEPCO’s definition of “physical change” would open vistas of indefinite immunity from the provisions of NSPS and PSD.

Tinsley v. United Parcel Service

635 F.2d 1288 · Court of Appeals for the Seventh Circuit · Dec 12, 1980

Local 710's internal union remedies are both mandatory 2 and, by virtue of well-established, and controlling, authority are adequate. … Constitution, Article XIX, Section 9, establishes that fines may be assessed against individuals or against the Union itself.

Solva Waterproof Glue Co. v. Perkins Glue Co.

251 F. 64 · Court of Appeals for the Seventh Circuit · Jan 2, 1918

Perkins, as his executrix, who duly qualified as such and assigned said inventions to appellee on March 31, 1911. All of said claims pertain to starch glue and the manufacture thereof. … This was clearly set out in the prior art, though the record does not show that the.Perkins article was ever exactly produced prior’ to the glue in suit.

Fortino v. Quasar Co.

950 F.2d 389 · Court of Appeals for the Seventh Circuit · Dec 3, 1991

By virtue of the treaty, “foreign businesses clearly have the right to choose citizens of their own nation as executives became they are such citizens.” MacNamara v. … The question would then arise whether the treaty of friendship in effect confers a blanket immunity from Title VII. On this there are different views. Compare MacNamara v.

United States v. Welton

583 F.3d 494 · Court of Appeals for the Seventh Circuit · Oct 2, 2009

After Kimbrough , we established remand procedures for crack offenders who, like Hearn, were sentenced prior to Kimbrough . … In these instances, Congress speaks to the court and speaks clearly. It did not do so in § 994(h).

Ashoor Rasho v. Rob Jeffreys

Court of Appeals for the Seventh Circuit · Jan 12, 2022

For patients who do Nos. 19-1145, 19-1375 & 19-1978 9 not stabilize, the treatment team must establish a plan to provide a higher level of care or explain in writing why establishing … See Plata, 563 U.S at 541 (explaining that the three‐judge panel’s “weighing of the evidence” related to narrowness “was not clearly erroneous”).

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).

United States v. Mancillas, Noe

Court of Appeals for the Seventh Circuit · Oct 28, 1999

Section 3E1.1 provides: "If the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels." … In order to qualify for a downward adjustment for acceptance of responsibility, a defendant must: (1) demonstrate that he clearly recognizes and affirmatively accepts responsibility for his conduct; (2) timely notify authorities

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

Perma Life Mufflers, Inc. v. International Parts Corporation

376 F.2d 692 · Court of Appeals for the Seventh Circuit · Jun 7, 1967

, they would have been able to lower their prices, as did Simpson. 115 As stated in Simpson (377 U.S. at pp. 16, 17, 18, 84 S.Ct. at p. 1054 ): 116 'The fact that a retailer can refuse to deal does not give the supplier immunity … The alleged illegal conduct of petitioner, however, could not legalize the unlawful combination by respondents nor immunize them against liability to those they injured.' 2 119 With respect to the majority's alternative basis

Metropolitan Water Reclamation District of Greater Chicago v. North American Galvanizing & Coatings, Incorporated

473 F.3d 824 · Court of Appeals for the Seventh Circuit · Jan 17, 2007

The Court began by noting that the cost recovery remedy of § 107(a) and the contribution remedy of § 113(f)(1) are “clearly distinct.” Id. at 163 & n. 3, 125 S.Ct. 577 . … If no costs qualifying under this language have been incurred or awarded against the volunteer, then that party has no right to contribution.

Gotches v. Heckler

773 F.2d 108 · Court of Appeals for the Seventh Circuit · Aug 30, 1985

The consent decree provided for the establishment of procedures for the benefit of other surviving spouses than Mrs. Gotches which averted some of the disadvantages of the former "dual eligibility" cut-off. … The residuals of over a century of sovereign immunity make it hard to accept an innovative Congressional policy with respect to fees.

Teamsters Employers v. Gorman Bros Ready

Court of Appeals for the Seventh Circuit · Mar 19, 2002

He also testified that Stewart did not tell him he was making the collective bargaining agreements go away; never "indicate[d] that [Gorman] would be immune from any future audits"; and never told him "that [Gorman did] not … So much is established for other statutes, see Hardin v. Straub, 490 U.S. 536 (1989); Shropshear v. Chicago, 275 F.3d 593 (7th Cir. 2001), and I can’t see any reason for doing things differently here.