Case law

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.

Comm. Fut. L. Rep. P 27,357 Commodity Trend Service, Inc. v. Commodity Futures Trading Commission

149 F.3d 679 · Court of Appeals for the Seventh Circuit · Jul 17, 1998

The Court has candidly recognized “the difficulty of drawing bright lines that will clearly cabin commercial speech in a distinct category.” City of Cincinnati v. … Review of CTS’s challenge is not premature because there is no real dispute that the speech that CTS wishes to publish would not qualify for the “solely incidental” exception to the Act’s coverage (and thus no need to wait

United States v. Keith McGee Thomas King, Larone Brim, Harold McKinzie Tony Banks, Rabboni Smith, John Ector, and Flozell McGee

408 F.3d 966 · Court of Appeals for the Seventh Circuit · Jul 20, 2005

McKinzie’s sentence was based on the district court’s determination that he qualified as a career offender, and we discuss below McKinzie’s challenge to that determination. … Because the record does not convince us that the district court clearly erred when it found that King, Keith McGee, and Smith were not substantially less culpable than the average participants in the conspiracy, we affirm

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

National Labor Relations Board v. Grancare, Inc.

170 F.3d 662 · Court of Appeals for the Seventh Circuit · Mar 3, 1999

It is also clearly established that the LPNs engage in at least one of the twelve listed activities enumerated in the statute. … the test nor the manner in which an employee's exercise of independent judgment is assessed. 54 In applying the statutory test of independent judgment, I believe the record as a whole demonstrates that the LPNs' duties qualify

United States v. Wilton Johnson, Jose J. Salazar, Javier C. Santa Cruz, and Jesus G. Guzman

248 F.3d 655 · Court of Appeals for the Seventh Circuit · Apr 23, 2001

There is also no question that the interpreter was qualified and adequately translated the proceedings. … After reviewing the record, we find that the district court did not clearly err in denying Salazar and Santa Cruz a mitigating role adjustment. V.

Oscar Thomas v. Marc Clements

789 F.3d 760 · Court of Appeals for the Seventh Circuit · Jun 16, 2015

The exceptions also note that deference is not required when the state court’s adjudication “resulted in a decision” either con- trary to clearly established law or based on an unreasonable factual determination. 28 U.S.C … Nonetheless, counsel’s performance was deficient because he failed to “ask a qualified expert whether [the patron] would have been immediately incapacitated by his wound.” Id. at 1295.

UNITED STATES of America, Plaintiff-Appellee, v. Alan SCOP and Raphael Bloom, Defendants-Appellants

940 F.2d 1004 · Court of Appeals for the Seventh Circuit · Aug 13, 1991

Viewed in the light most favorable to the government, the evidence at trial established the following. … The evidence was admitted and the conviction returned under established principles of law. Supervisory powers do not allow this Court to require more. D.

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.

Hoosier Energy Rural Electric Cooperative, Incorporated v. Amoco Tax Leasing Iv Corporation

34 F.3d 1310 · Court of Appeals for the Seventh Circuit · Oct 17, 1994

And contrary to Hoosier Energy's position, there is no ambiguity as to whether this provision bars "non-contract" claims--it clearly does. … We need not reach these issues because the non-recourse provision clearly bars Hoosier Energy's unjust enrichment suit against Amoco Corporation 3 Hoosier Energy and Amoco Tax are clearly both parties to the sale-leaseback

Durasys, Incorporated, a California Corporation v. Jeffrey Leyba, Lawrence Walker and Digitron Corporation, an Illinois Corporation

992 F.2d 1465 · Court of Appeals for the Seventh Circuit · May 11, 1993

But this trouble arose because Durasys failed to establish a record from which recoverable fixed expenses could be readily calculated. … Durasys has repeatedly maintained that it is uniquely qualified to service the O’Hare parking facilities and that the City would ultimately have no choice but to select Durasys for the O’Hare job.

145 Fisk, LLC v. F. William Nicklas

986 F.3d 759 · Court of Appeals for the Seventh Circuit · Jan 26, 2021

By its own terms, the Resolution did not bind or 16 No. 20-1868 otherwise “substantively limit[]” the City “by mandating a particular result when certain clearly stated criteria … We find similarly unavailing Fisk’s remaining argument that the underlying contract for the building and the rezoning decision established cognizable constitutional property inter- ests.

Sherman Howard v. Richard Gramley

225 F.3d 784 · Court of Appeals for the Seventh Circuit · Aug 23, 2000

Appellate lawyers are clearly not incompetent when they refuse to follow a “kitchen sink” approach to the issues on appeals. … Because trial counsel did not object to the admission of this particular expert opinion (and the trial court had qualified Dr.

Jeff T. Stone v. Ernest E. Morris, Assistant Warden, Illinois State Penitentiary, Joliet Branch Segregation Unit

546 F.2d 730 · Court of Appeals for the Seventh Circuit · Jan 11, 1977

Plaintiff argues that the established rights of access are illusory unless the right of attendance is read into them. … Newman, 468 F.2d 791 (5th Cir. 1972), cert. denied, 411 U.S. 905 , 93 S.Ct. 1527 , 36 L.Ed.2d 194 (1973). 12 A prison is clearly a “business” within the meaning of the term in the statute and the rule, and inasmuch as the

9 O.S.H. Cas.(bna) 2107, 1981 O.S.H.D. (Cch) P 25,608 in the Matter of Establishment Inspection of Metro-East Manufacturing Company. In the Matter of Establishment Inspection of Century Casting Corporation

655 F.2d 805 · Court of Appeals for the Seventh Circuit · Aug 3, 1981

(CCH) P 25,608 In The Matter of Establishment Inspection of METRO-EAST MANUFACTURING COMPANY. In The Matter of Establishment Inspection of CENTURY CASTING CORPORATION. Nos. 80-2509, 80-2510. … in a safe manner he may refuse to wear it. 6 34 All of the courts, including Plum Creek, have found that the use of the personal sampling device may be found to be "reasonable," although in Plum Creek this conclusion was qualified

Pivot Point Int'l v. Charlene Products

Court of Appeals for the Seventh Circuit · Jun 25, 2004

Charlene points to various places in the record that establish that Mara is used for this purpose and is, therefore, a useful article subject to the limiting language of § 101. … Dan Chase Taxidermy Supply Co., Inc., 74 F.3d 488 (4th Cir. 1996), the court considered whether animal mannequins qualified for copyright protection.

United States v. Robert M. Levine

5 F.3d 1100 · Court of Appeals for the Seventh Circuit · Sep 27, 1993

McKinney pleaded guilty to murder and received immunity from the government for his testimony. With McKinney’s cooperation, the finger of guilt pointed directly at Robert Levine. … Robert Levine has not established either that his trial counsel’s performance was deficient or that any mistakes by his trial counsel deprived him of a fair trial.

National Solid Wastes Management Association v. Killian

918 F.2d 671 · Court of Appeals for the Seventh Circuit · Jan 29, 1991

There is clearly no way to separate the worker health and safety aspect of the requirement from the public health and safety aspect. … The allegation of an additional purpose for [the state's] scheme does not render it immune from preemption."

56 Fair empl.prac.cas. 997, 57 Empl. Prac. Dec. P 40,927 Joann Reed v. Clarence C. Shepard, in His Official Capacity as Sheriff of Vanderburgh County, Indiana, Otto Schnakenburg, Sr. And Jim Embry, in Their Official Capacities as Members of Vanderburgh Merit Board

939 F.2d 484 · Court of Appeals for the Seventh Circuit · Aug 8, 1991

Reed and other civilian jailers were not entitled to participate in the pension fund established for deputy sheriffs, nor did they qualify to participate in the life insurance program catering to deputy sheriffs. … In fact, a former male civilian jailer testified that he, in contrast to the women, was not even provided a locked office or file cabinet in which to securely place his personal property. 33 The evidence at trial clearly

Miller v. Herman

600 F.3d 726 · Court of Appeals for the Seventh Circuit · Mar 25, 2010

The Sherwin-Williams Co., 491 F.3d 320, 331 (6th Cir. 2007) (“To establish a Magnuson-Moss claim, a plaintiff must show that the item at issue was a ‘consumer product.’ … Feb. 26, 2010) (holding that in the context of the Federal Tort Claims Act, claims dismissed on sovereign immunity grounds are “not dismissed for lack of jurisdiction, but for the existence of a defense”); Doss v.