Case law

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

Allstate Insurance Company v. United States

329 F.2d 346 · Court of Appeals for the Seventh Circuit · Mar 19, 1964

1939 Code and section 29.46-1 of Regulations 111. 32 The right of an insurance company (such as Allstate) taxable under section 204 of the 1939 Code to file a consolidated return with a non-insurance parent company was established … corporations making a consolidated return and of each corporation in the group, both during and after the period of affiliation, may be returned, determined, computed, assessed, collected, and adjusted, in such manner as clearly

Harrison v. Indiana Auto Shredders Co.

528 F.2d 1107 · Court of Appeals for the Seventh Circuit · Dec 31, 1975

If necessary, the courts are qualified to perform the task. 21 The courts are skilled at “balancing the equities,” a technique that traditionally has been one of the judicial functions. … This finding is, therefore, clearly erroneous.

Bennie Kennedy v. Schneider Electric

Court of Appeals for the Seventh Circuit · Jun 19, 2018

As Kennedy later admitted, he did not meet any of the three possible combina- tions of education and experience that would have qualified him to teach electrical safety classes at Prairie State. … Rule 11 “re- quires counsel to read and consider before litigating,” which Davis claims to have done, but it also “establishes an objective test,” U.S. Bank Nat’l Ass’n, N.D. v.

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.

United States v. Orlando Zapata

871 F.2d 616 · Court of Appeals for the Seventh Circuit · Feb 24, 1989

To determine if such evidence is admissible, the district court must engage in a four-pronged analysis and evaluate whether (1) the evidence is directed toward establishing a matter in issue other than the defendant’s propensity … Zapata’s June transaction with Bilancieri was clearly admissible under Rule 404(b) to demonstrate Mr. Zapata’s intent, plan, knowledge, and identity. See Fed.R.Evid. 404(b).

Redfield v. Continental Casualty

818 F.2d 596 · Court of Appeals for the Seventh Circuit · Jul 8, 1987

result,' few circumstances will ordinarily qualify under the excusable neglect rubric. … This is clearly not the intent of Fed.R.Civ.P. 4(a)(5) and is clearly distinguishable from our recent cases finding excusable neglect. For example, in Passarella v.

Renee Lange v. City of Oconto

Court of Appeals for the Seventh Circuit · Mar 16, 2022

Lange herself did not clearly dispute this point, but B. testified that she did request one. … “[A] plaintiff can establish inten- tional discrimination in a Title II damage action by showing deliberate indifference,” Lacy v.

Autonation, Inc. v. National Labor Relations Board

801 F.3d 767 · Court of Appeals for the Seventh Circuit · Sep 4, 2015

The Board reasonably saw Davis’s subsequent comment (that he and Andrews wanted to address the employees’ concerns about pay “be- fore you pay somebody else”—the “somebody else” clearly referring to the Union) as a direct … Andrews appeared to cut Davis off and attempt to qualify this statement by telling the workers, “That’s how a lot of them are.” Davis then said, “[Y]ou need that structure.

Thomas v. Cook County Sheriff's Department

604 F.3d 293 · Court of Appeals for the Seventh Circuit · May 3, 2010

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

United States v. Robert Herbert Kramer

225 F.3d 847 · Court of Appeals for the Seventh Circuit · Sep 5, 2000

Finally, the Court noted that the convicted felon is not without relief; he could have had the underlying conviction removed by a qualifying pardon or could have challenged the prior conviction in the state court. … As the Court concluded, “Congress clearly intended that the defendant clear his status before obtaining a firearm.” Id.

Ferdinand Pickett, Cross-Appellee v. Prince

207 F.3d 402 · Court of Appeals for the Seventh Circuit · Mar 14, 2000

But we do not read section 103(a) as qualifying the exclusive right of the owner of the copyright of the original work to make derivative works based on that work, the right conferred by section 106(2). … In that sense Prince’s symbol clearly “pervades” both guitars.

United States v. Greve, James F.

Court of Appeals for the Seventh Circuit · Jun 4, 2007

Greve contends that “clearly, Luke [wa]s promising Greve that the case would be concluded if he provided his deposit records and further cooperated on July 20, 2000.” We disagree. … In fact, Luke qualified her statement by saying that any decisions were dependant upon review and final determination.

Woodmar Realty Co. v. McLean

294 F.2d 785 · Court of Appeals for the Seventh Circuit · Jun 23, 1961

Although formal charges are confined to the trustee and his counsel, appellant’s brief reveals that the trial judges are not immune from similar attack. … We want it clearly understood that repetition of that practice as disclosed by this record will not be tolerated in the future.

Hively v. Ivy Tech Community College of Indiana

853 F.3d 339 · Court of Appeals for the Seventh Circuit · Apr 4, 2017

Again, I turn to the text, which clearly states: Except as otherwise provided in this subchapter, an unlawful employment practice is established when the complaining party demonstrates that … sex … was a motivating … That’s a 10 Unless, of course, Ivy Tech can show that Hively was less qualified than the applicants who were hired.

Phillip Bruce Christopher v. U. S. Board of Parole

589 F.2d 924 · Court of Appeals for the Seventh Circuit · Dec 29, 1978

right to have a representative present to aid the prisoner in presenting his case; ' and (6) a qualified right to call witnesses and present documentary evidence in his defense. … Christopher [which was] not available to the Board at the time a parole date was established.” .

Bill R. Snodderly, Kathy Snodderly, and Derick Snodderly, a Minor v. R.U.F.F. Drug Enforcement Task Force, Board of Commissioners of Union County, In, Board of Commissioners of Shelby County, In

239 F.3d 892 · Court of Appeals for the Seventh Circuit · Feb 7, 2001

his guilt on the charged offense--on the ground that prosecutors are absolutely immune from such charges. … However, we reject this argument, because Snodderly clearly raised the issue before the district court in his Memorandum Contra to Defendants' Motions to Dismiss. 7 Snodderly notes that other circuits have endorsed this fact-sensitive

United States v. Thomas Walker

272 F.3d 407 · Court of Appeals for the Seventh Circuit · Nov 9, 2001

The district court’s finding that Walker was able to make a coherent decision to confess voluntarily was not clearly erroneous; we therefore uphold the finding of voluntariness. 2. … This determination was not clearly erroneous. 3.

United States v. Roy L. Williams, Thomas F. O'malley, Andrew G. Massa, Joseph Lombardo

737 F.2d 594 · Court of Appeals for the Seventh Circuit · Jul 12, 1984

We may disturb this finding only if, after a review of the record, we find it clearly erroneous. See United States v. … Webbe escaped prosecution, however, because he was granted immunity and compelled to testify before the grand jury and at trial.

prod.liab.rep.(cch)p 11,414 Peter Bishop, Cross-Appellee v. The Firestone Tire & Rubber Company, Cross-Appellant

814 F.2d 437 · Court of Appeals for the Seventh Circuit · Apr 21, 1987

The evidence presented at trial clearly established that the lock ring assembly, if properly assembled and seated in the rim, was not dangerous. Bishop’s own expert, Dr. … The note is, ‘Tires used on multi-piece rims should be assembled and inflated only by experienced, qualified personnel. Always inflate tires in a safety cage whenever possible or use a clip-on air chuck and stand aside.