Case law

Ekrem Bajramoski v. Eric Holder, Jr.

Court of Appeals for the Seventh Circuit · Nov 10, 2009

In order to qualify for asylum, an applicant has the burden of establishing that he is a refugee, 8 U.S.C. § 1158(b)(1), which is defined as an individual who is unable or unwilling to return to his home country because of … He asserts that at his removal hearing he “clearly and credibly explained how he feared returning to Macedonia,” Pet. 

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.

Burlington Northern & Santa Fe Railway Co. v. Doyle

186 F.3d 790 · Court of Appeals for the Seventh Circuit · Jul 23, 1999

The other individual shall be either a certified railroad locomotive engineer or a qualified railroad trainman. … Federal regulations clearly cover the subject matter of these requirements.

United States v. Ellis

70 F. App'x 884 · Court of Appeals for the Seventh Circuit · Jun 30, 2003

In the discussion that follows, we therefore focus only on Christopher Lamon’s sentence as a possible relevant point of reference for establishing a disparity. … established basis for doing so: It’s hard for me to give — to be compassionate toward someone who’s not doing his part in it.

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.

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.

Bristow v. Drake Street Inc.

41 F.3d 345 · Court of Appeals for the Seventh Circuit · Dec 1, 1994

by establishing a significant precedent that is likely to alter the behavior of potential defendants, Cabrera v. … If the judge was right — and there is no argument that if he was wrong, he was clearly wrong — then sex played no role whatever in the decision to close the show and fire Bristow.

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.

Lynn Starkey v. Roman Catholic Archdiocese of

41 F.4th 931 · Court of Appeals for the Seventh Circuit · Jul 28, 2022

Under Starkey’s theory, an individual placed in a ministerial role could immunize themself from the ministerial exception by failing to perform certain job duties and responsibilities. … Finally, Starkey asserts that Roncalli’s Ministry Descrip- tion and Ministry Contracts were pretextual because they were added only three months before the Archdiocese’s law- yers concluded that guidance counselors did not qualify

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.

United States v. Brett C. Kimberlin

805 F.2d 210 · Court of Appeals for the Seventh Circuit · Jan 9, 1987

Such a belief can be unshakeable, last a lifetime, and be immune to all cross-examination. It is especially prone to “freeze” if it is compatible with the subject’s prior prejudices, beliefs, or desires. … That is clearly untrue as to the affidavit for the warrant for the first search of the Impala.

United States of America, Donny Brurell Buckley, Intervening v. Board of School Commissioners of the City of Indianapolis, Indiana

503 F.2d 68 · Court of Appeals for the Seventh Circuit · Oct 3, 1974

(“School board[s] [were] . . . clearly charged with the affirmative duty to take whatever steps might be necessary to convert to a unitary system in which racial discrimination [would] be eliminated root and branch.”) … The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States. 209 U.S. at 159-160 [28 S.Ct. [441], at 454], (Emphasis supplied.)” In Cooper v.

National Surety Co. v. Russell

66 F.2d 104 · Court of Appeals for the Seventh Circuit · Jun 28, 1933

Upon a rejection of appellant’s construction of this contract, the issue of damages was clearly one for the jury. … B. cars at Wallace, North Carolina, * * * 6,000,000 feet * * * of rough-sawed, commercial and of merchantable qualify, No. 1 Green Long Leaf Yellow Pine lumber, squared and sized in lengths commonly used in the trade, for

Sosebee, George v. Astrue, Micahel J.

Court of Appeals for the Seventh Circuit · Jul 17, 2007

Cl. 1993) (holding that a conclusory affidavit without support- ing evidence is inadequate to establish net worth). … [and] pointed to evidence in the record that clearly establishes a manifest error of law or fact.” County of McHenry v. Ins.

Daniel Lee Vanskike v. Howard A. Peters, III

974 F.2d 806 · Court of Appeals for the Seventh Circuit · Aug 31, 1992

Vanskike places heavy reliance on three recent cases in which courts applied the “economic reality” standard to prisoners and found that they could qualify as “employees” under the FLSA. In Carter v. … Requiring the payment of minimum wage for a prisoner’s work in prison would not further the policy of ensuring a “minimum standard of living,” because a prisoner’s minimum standard of living is established by state policy

United States v. Oluremi Adebayo and Christopher A. Davis

985 F.2d 1333 · Court of Appeals for the Seventh Circuit · Feb 9, 1993

We begin by noting that we will not disturb a district court’s denial of a motion to suppress evidence unless that denial was clearly erroneous. United States v. … Because the “determination of consent is essentially a factual one, ... we cannot overturn the district court’s finding unless it is clearly erroneous.”

United States v. Turner

594 F.3d 946 · Court of Appeals for the Seventh Circuit · Feb 2, 2010

The attorney noted that under the Supreme Court’s decisions in Wheat and Gonzalez-Lopez , it was the government’s burden to establish an actual conflict of interest or at least a serious potential for conflict, and noted … The judge responded: “How much more specific does it have to get other than there will be an approach for a proffer, and he is clearly a — if not absolutely going to be a witness, he’s clearly a person with extraordinarily

Nocula, Mitch v. UGS Corporation

Court of Appeals for the Seventh Circuit · Mar 24, 2008

It is well established that a shareholder generally cannot sue to enforce the rights of the corporation. Franchise Tax Bd. of Cal. v. Alcan Aluminum Ltd., 493 U.S. 331, 336 (1990); Warth v. … The decision of a foreign sovereign to exercise its police power through the enforcement of its criminal laws plainly qualifies as an act of state.

Corley v. Rosewood Care Center

388 F.3d 990 · Court of Appeals for the Seventh Circuit · Oct 13, 2004

Contrary to the advertising regarding continuing care, the contract provided that Rosewood was not qualified to accept Medicaid patients and there was no guarantee that it would be qualified in the future. 5 Vera moved into … Contrary to Rosewood's advertising, the Peoria home was never qualified to accept Medicaid patients.

Stephen P. Kupiec and John E. Cihocki v. Republic Federal Savings and Loan Association and Otto C. Martinek

512 F.2d 147 · Court of Appeals for the Seventh Circuit · Mar 4, 1975

. § 1461 et seq., establishes the Federal Home Loan Bank Board and provides that the Board “is authorized, under such rules and regulations as it may prescribe, to provide for the organization, incorporation, examination, … The desire of a member to become a director is, therefore, clearly a proper purpose. See Ochs, supra, 268 N.Y.S.2d at 298 , 215 N.E.2d at 489 .