Case law

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

Eric Ollison v. Gregory Gossett

Court of Appeals for the Seventh Circuit · May 7, 2025

Samra would be qualified to give her opinion on the care medical professionals provided, she was not qualified to opine on the care Warden Gossett, a nonmedical official, provided.41 Dr. … Brutsche, 881 F.2d 427, 430–32 (7th Cir. 1989) (affirming denial of qualified No. 23-1125 39 immunity for senior officials who failed to correct systemic deficiencies

Marlita Thomas v. Cook County Sheriff

Court of Appeals for the Seventh Circuit · Dec 1, 2009

The officers do not explain why the evidence, which clearly supports a finding of sub- jective knowledge, is legally insufficient. They only argue that it is “conflicting and specious.” … The Court noted that the jurors were not instructed on any affirmative defenses that the individual officer may have asserted, nor were they presented with any qualified immunity issues. Id. at 798.

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.

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.

Brian Monieson v. Commodity Futures Trading Commission

996 F.2d 852 · Court of Appeals for the Seventh Circuit · Jun 7, 1993

At the same time it established the retail division, GNP established a compliance department to insure that the company and its employees abided by applicable rules. … That he had such power qualifies him as a controlling person.

Mirwais Ali v. John D. Ashcroft, Attorney General of the United States, 1

395 F.3d 722 · Court of Appeals for the Seventh Circuit · Jan 11, 2005

The CSA regards THC as a controlled substance, 21 U.S.C. § 812 , Schedule I subsection (c)(17), and clearly prohibits its possession with the intent to distribute. See 21 U.S.C. § 841 (a). … The IJ concluded that Ali failed to establish that he would most likely be tortured if returned to Afghanistan. As the BIA summarily affirmed the IJ’s decision without opinion, we review the IJ’s decision.

Holmstrom, Glen v. Peterson, Gary

Court of Appeals for the Seventh Circuit · Jul 3, 2007

However, the primary importance of the 1988 amendment lay in the establishment of a time limit for bringing nonjurisdictional motions to remand, not in defining the breadth of remand decisions falling within the scope of … The report noted that the wording of the 1988 amendment had not expressed this intent clearly enough, and that the lack of clarity had led to different interpretations by different courts. Id.

Jerry R. Mott v. State of Indiana, Indiana Department of Corrections, Jack R. Duckworth, Warden

966 F.2d 1456 · Court of Appeals for the Seventh Circuit · Jun 9, 1992

Mott cannot establish a protected liberty interest in being free from second-hand smoke. In Gorman v. … immunity.

Robert Hameetman, Cross-Appellee v. The City of Chicago, Cross-Appellants

776 F.2d 636 · Court of Appeals for the Seventh Circuit · Sep 30, 1985

It is not so by virtue of section 1292(a)(1), at least not clearly so. … Granted, it is not easy to derive a doctrine of substantive family rights from the language or history of the Fourteenth Amendment; but the doctrine is far too well established to be questioned at our level; our only task

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.

Frank Lumpkin v. Envirodyne Industries, Inc.

933 F.2d 449 · Court of Appeals for the Seventh Circuit · May 17, 1991

Clearly the plaintiffs have stated a cause of action under both federal statutes. … However, the court believed that the governing federal law does not require the courts to establish a uniform federal rule.

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.

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

American Fletcher Mortgage Company, Inc. v. Cousins Mortgage and Equity Investments

623 F.2d 1228 · Court of Appeals for the Seventh Circuit · Jun 20, 1980

Cousins is an institution which engages in the business of investing in real estate, and in 1973 Cousins was qualified as a real estate investment trust. … Thus two of the four requirements were clearly satisfied by express terms of the letter agreement.

Johnson v. Sullivan

922 F.2d 346 · Court of Appeals for the Seventh Circuit · Mar 20, 1991

Federal jurisdiction for suits such as this one is established by 42 U.S.C. Sec. 405 (g). … In City of New York, the Secretary had established a systemwide, clandestine policy for determining mental disability that was inconsistent with established regulations.

Planned Parenthood of Indiana v. Marion County Prosecutor

7 F.4th 594 · Court of Appeals for the Seventh Circuit · Aug 2, 2021

is constitutional merely because there is some conduct that clearly falls within the provision’s grasp. … In- stead, we only hold that these clear-cut cases constitute a core of the Complications Statute that renders the Statute immune from this pre-enforcement facial challenge.

Kelly Merk v. Jewel Food Stores Division Of Jewel Companies, Incorporated

945 F.2d 889 · Court of Appeals for the Seventh Circuit · Dec 20, 1991

The CBA established wage rates, vacation leave and other terms of employment for the duration of the contract. … Yet Jewel has failed to demonstrate any established history of non-ratification of substantial terms of the labor contract.

Edward A. Martin v. Graybar Electric Company, Inc.

266 F.2d 202 · Court of Appeals for the Seventh Circuit · Apr 2, 1959

It was acquired by its employees from Western Electric Company, Inc. in 1928 and has been wholly owned by its active and retired employees and only such can qualify as stockholders. … As none such appears in this record, we agree with what would seem to be the established general rule that the party filing later in time should be enjoined from further prosecution of his suit.

Tegtmeier, Allen v. Midwest Operat Pensi

Court of Appeals for the Seventh Circuit · Dec 7, 2004

The next day, the Pension Fund sent him an application, which he did not return until November 30, 2001, the last date to qualify as a 2001 filing. … The Pension Plan clearly described the pro- cedures for filing an application.