Case law

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  • 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.

    Cited 5 timesPublished
  • Nathson Fields v. City of Chicago

    981 F.3d 534 · Court of Appeals for the Seventh Circuit · Nov 20, 2020

    Burge, 874 F.2d 1201, 1210 n.2 (7th Cir. 1989) (noting that qualified immunity was not raised on appeal but that “[w]e may affirm the district courtʹs decision on any ground that the record fairly supports and the appellee … The court’s findings establish all of those factors.

    Cited 61 timesPublished
  • United States v. Roger Skinner

    986 F.2d 1091 · Court of Appeals for the Seventh Circuit · Apr 19, 1993

    Skinner characterizes his statements as mere puffery or braggadocio, which this court found to be an insufficient basis for establishing the quantity of drugs in United States v. … We noted in Ruiz: 13 Ruiz's single comment was not sufficient to establish that the conspiracy had as its goal the consummation of a deal for upwards of ten kilograms.

    Cited 54 timesPublished
  • Majeske, Carol v. City of Chicago

    Court of Appeals for the Seventh Circuit · Jul 10, 2000

    While this is a reasonable interpretation of these questions, this notion was contradicted by undisputed evidence at trial which clearly demonstrated that some blacks and Hispanics were promoted to detective before the 1989 … This argument fails because the City established that it obtained the transcripts for use during the trial.

    Cited 0 timesPublished
  • Barbara CHERRY, Plaintiff-Appellant, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY and Robert Brown, Defendants-Appellees

    47 F.3d 225 · Court of Appeals for the Seventh Circuit · Feb 8, 1995

    Plaintiff’s Principal Argument Plaintiff claims that male employees “similarly situated” to her were promoted to an SG 11, while she, equally or better qualified, was not. … possibility carried over into the new State Government Affairs department is overwhelmingly refuted by the plain facts that no regional attorney was ever so promoted, and that the written description of the flex plan so clearly

    Cited 18 timesPublished
  • Xiao Jun Liang v. Holder

    626 F.3d 983 · Court of Appeals for the Seventh Circuit · Nov 24, 2010

    Clearly, “isolated incidents” in 2002 and “sporadic reports” in 2007 hardly support an allegation of changed conditions—instead they indicate that conditions have remained largely the same. … Here, by contrast, the Board acknowledged that “a showing of extreme economic deprivation may qualify as persecution,” Board’s Decision at 4, but noted that Liang had failed to make a prima facie showing that she would be

    Cited 23 timesPublished
  • United States v. Mikos

    539 F.3d 706 · Court of Appeals for the Seventh Circuit · Aug 25, 2008

    Nothing in Griffin or its successors prevents a prosecutor from urging the jury to draw inferences from events that can be established by evidence independent of the accused’s silence. See United States v. … Pharmaceuticals, Inc., 509 U.S. 579, 593 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), and whether the gun was a “Deputy Combo” or a “Model 21” is a factual question on which the district judge’s findings must stand unless clearly

    Cited 26 timesPublished
  • St. Marys Hospital Medical Center v. Margaret M. Heckler, Secretary, Department of Health and Human Services

    753 F.2d 1362 · Court of Appeals for the Seventh Circuit · Mar 1, 1985

    Marys clearly established the existence of a cost difference, while Lake Region did not” (Mem. Order of Jan. 16, 1984 at 3, 2). He apparently assumed from his own assessment of the record that only portions of St. … This must be based on their financial and statistical records which must be capable of verification by qualified auditors.

    Declined to follow in part by Kentucky Association of Electric Cooperatives, Inc. v. Local Union No. 369, International Brotherhood of Electrical Workers, Afl-Cio, 780 F.2d 1021 (1985)Cited 27 timesPublished
  • Environmental Defense Fund, Inc. v. The City of Chicago

    948 F.2d 345 · Court of Appeals for the Seventh Circuit · Nov 19, 1991

    According to the EDF, the toxicity level of the ash is high enough to qualify it as a hazardous waste subject to special treatment under Subtitle C of RCRA. … This appears inconsistent with the reach of the household exclusion itself (which clearly covers ash).

    Vacated by City of Chicago v. Environmental Defense Fund, 506 U.S. 982 (1992)Cited 5 timesPublished
  • United States v. Mariano A. Meza-Rodriguez

    798 F.3d 664 · Court of Appeals for the Seventh Circuit · Aug 20, 2015

    Indeed, it is possible, though not certain, that a § 922(g)(5) violation might also qualify as a crime involving moral turpitude (CIMT). The latter term is not defined by statute, see Marin-Rodriguez v. … Indeed, we have clearly held *672 that the Fifth Amendment protects aliens whose presence in this country is unlawful from invidious discrimination by the Federal Government. 457 U.S. at 210 , 102 S.Ct. 2382 .

    Cited 36 timesPublished
  • Grey Direct Inc v. Erie Insur Exchange

    Court of Appeals for the Seventh Circuit · Aug 21, 2006

    Grey decided to hire another firm, CommDirect, a direct-mail advertising production company, to print and mail the travel certificates to qualifying customers. … These circumstances include . . . when the policy and the com- plaint are compared, there clearly was no coverage or potential for coverage.”); U.S. Fidelity & Guar. Co. v.

    Cited 0 timesPublished
  • United States v. Board of School Commissioners

    637 F.2d 1101 · Court of Appeals for the Seventh Circuit · Apr 25, 1980

    The clearly erroneous standard is applicable to the district court’s findings of discriminatory purpose. Columbus Bd. of Educ. v. … The fifteen other municipalities in Marion County were also immune to unilateral civil annexation.

    Cited 8 timesPublished
  • United States v. Michael Moore

    936 F.2d 1508 · Court of Appeals for the Seventh Circuit · Jul 19, 1991

    Irrespective of whether the bond memorandum could qualify as an admission of a party opponent, there was no error in excluding it because the statements therein were irrelevant to the issue of Moore’s guilt or innocence. … Moore was clearly aware of Miles’ use of a gun in both armed robberies and, thus, satisfied this prong of the “aiding and abetting” test.

    Cited 67 timesPublished
  • Narvaez v. United States

    641 F.3d 877 · Court of Appeals for the Seventh Circuit · Dec 6, 2011

    It is well-established, however, that the Due Process Clause applies to certain aspects of the sentencing process. See Hicks v. … This error clearly constitutes a miscarriage of justice. The Government is correct that Mr. Narvaez does not have an absolute right to a lower sentence.

    Cited 1 timesPublished
  • FTC v. Margaret Cumming

    Court of Appeals for the Seventh Circuit · Jan 3, 2025

    One thus qualifies as a tele- marketer any time he calls a customer within the broad defi- nition of telemarketing. … factual find- ings; or the decision clearly appears arbitrary.”

    Cited 0 timesPublished
  • General Auto Service Station v. City of Chicago

    526 F.3d 991 · Court of Appeals for the Seventh Circuit · May 16, 2008

    of Cook County seeking judicial review of the ZBA’s decision, arguing in part that the ZBA had overlooked the fact that no permit had been required when the sign was first erected in 1962 and that, consequently, the sign qualified … But that doesn’t mean that it acquired an immunity from all zoning regulation.

    Cited 64 timesPublished
  • Kelly S. Mahnke v. Daniel Garrigan

    Court of Appeals for the Seventh Circuit · Apr 13, 2011

    Without ruling on the propriety of the seizure, the district court granted the deputy summary judgment on the basis of qualified immunity. … Still, the district court concluded, Garrigan could not reasonably have known that he was violating the Fourth Amendment by seizing April and thus was shielded from liability by the defense of qualified immunity. 

    Cited 0 timesUnpublished
  • Marion Thomas v. Daniel McAuliffe

    Court of Appeals for the Seventh Circuit · Mar 23, 2026

    The court determined that the “Authorized Acts” in- struction provided enough information to prevent the jury from finding that spoken words qualified as resistance. 10 Id. at 27. … After that development in the law, Illinois courts have held that the smell of burnt cannabis alone, without corroborating factors, does not establish probable cause. People v.

    Cited 0 timesPublished
  • 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.” .

    Cited 41 timesPublished
  • Republic Tobacco Co v. North Atlantic Tradi

    Court of Appeals for the Seventh Circuit · Sep 1, 2004

    If a statement qualifies as defamatory per se (the theory upon which Republic solely relies), it is unnecessary for a plaintiff to demonstrate actual damage to reputation. … Moreover, North Atlantic admits that at the time that the Czerewko Letter was written it had filed no lawsuit, so clearly then no other “chain” had been included in a lawsuit.

    Cited 0 timesPublished

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