Case law

Government Suppliers Consolidating Services, Inc. v. Bayh

975 F.2d 1267 · Court of Appeals for the Seventh Circuit · Sep 17, 1992

Jurisdiction is clearly proper as to the backhaul ban and the registration and stickering provisions that accompany it. … For these operators, the surety bond would clearly be prohibitive as well.

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.

United States v. Marachowsky

201 F.2d 5 · Court of Appeals for the Seventh Circuit · Feb 6, 1953

Defendants urge error in that the court admitted in evidence summaries of certain books of accounts of Portage Wholesale Company made by duly qualified auditors. … In this situation, the summaries were clearly admissible.

Jerry Mahaffey v. Thomas Page, Warden

151 F.3d 671 · Court of Appeals for the Seventh Circuit · Aug 6, 1998

is apparent from evidence concerning the crime itself, from conversation with the defendant, or from other readily available sources of information, that the defendant has some mental or other condition that would likely qualify … We must defer to such findings of fact made by the district court unless they are clearly erroneous. See, e.g., Griffin v. Camp, 40 F.3d 170, 172 (7th Cir.1994).

United States v. Abbas, Omar

Court of Appeals for the Seventh Circuit · Mar 26, 2009

While we agree that impersonation of a public official is not action “under color of official right” (and thus does not qualify for treatment under § 2C1.1), we find that the sentencing error was harmless and that Abbas’s … Abbas urges us to adopt the position that under the review procedures established in Gall, a district court’s procedural error can never be harmless and therefore always requires remand.

Edgewood Manor Apartment Homes, LLC v. RSUI Indemnity Co.

733 F.3d 761 · Court of Appeals for the Seventh Circuit · Oct 25, 2013

To prevail on a Rule 59(e) motion, the moving party “must clearly establish (1) that the court committed a manifest error of law or fact, or (2) that newly discovered evidence precluded entry of judgment.” … Although this indirect interest may be sufficient to establish constitutional standing, see Morrison v.

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.

David Schalk and Ronald T. Smith v. William K. Reilly, Administrator, U.S. Environmental Protection Agency, Sarah E. Frey and People Against the Incinerator (Pati), an Unincorporated Association v. William K. Reilly, in His Official Capacity as Administrator of the United States Environmental Protection Agency

900 F.2d 1091 · Court of Appeals for the Seventh Circuit · May 30, 1990

However, this section is qualified by the phrase "Except as provided in ... section 9613(h) of this title (relating to timing of judicial review)...." … The jurisdictional bar in SARA merely codified the established rule that preimplementation review of response actions would not be allowed. See, e.g., Lone Pine Steering Comm. v.

Spray-Rite Service Corporation, an Iowa Corporation v. Monsanto Company, a Delaware Corporation

684 F.2d 1226 · Court of Appeals for the Seventh Circuit · Sep 8, 1982

The district court is vested with broad discretion to determine whether a proffered expert is qualified to testify. … Clearly, Spray-Rite is entitled to recover the lost profits caused by Monsanto’s anti-competitive business practices.

United States v. Two Plastic Drums, More Or Less Of An Article Of Food, Labeled In Part: Viponte Ltd. Black Currant Oil Batch No. Boosf 039

984 F.2d 814 · Court of Appeals for the Seventh Circuit · Mar 31, 1993

manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food; and including any source of radiation intended for any such use), if such substance is not generally recognized, among experts qualified … United States, 420 U.S. 945 , 95 S.Ct. 1324 , 43 L.Ed.2d 423 (1975). 7 The FDA argues that the statutory language clearly indicates that any and every component of an article of food is a food additive.

Federal Firearms Licensees of Illinois v. Jay Robert Pritzker

Court of Appeals for the Seventh Circuit · Jul 9, 2026

Having concluded that the items the Act regulates qualify as “Arms” for Second Amendment purposes under Bevis, the court proceeded to Bruen’s second step, where it held that the defendants failed to establish that the Act … We add only that Bruen cuts against the conclusion that a weapon’s “common use” leaves it immune from regulation.

Dane Harrel v. Kwame Raoul

Court of Appeals for the Seventh Circuit · Jul 9, 2026

Having concluded that the items the Act regulates qualify as “Arms” for Second Amendment purposes under Bevis, the court proceeded to Bruen’s second step, where it held that the defendants failed to establish that the Act … We add only that Bruen cuts against the conclusion that a weapon’s “common use” leaves it immune from regulation.

Caleb Barnett v. Kwame Raoul

Court of Appeals for the Seventh Circuit · Jul 9, 2026

Having concluded that the items the Act regulates qualify as “Arms” for Second Amendment purposes under Bevis, the court proceeded to Bruen’s second step, where it held that the defendants failed to establish that the Act … We add only that Bruen cuts against the conclusion that a weapon’s “common use” leaves it immune from regulation.

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.

United States v. Conrad E. Lebeau, an Individual

985 F.2d 563 · Court of Appeals for the Seventh Circuit · Jan 28, 1993

Licorice Root Tea is described as useful in treating stomach ulcers, AIDS, cancer, candidiasis, chronic infection, and weakened immune systems. 21 Mr. … The fact that the literature was shipped separately was irrelevant, since the literature was clearly intended to be used to distribute and sell the drugs. Id.

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. 

United States v. Spiller, Ernest

Court of Appeals for the Seventh Circuit · Aug 17, 2001

Such an admission allows the records to be used to show their existence, which would clearly be relevant to whether a defendant was operating a crack house, here Count III. For example, in United States v. … However, there was no testimony by a custodian or any other qualified witness with personal knowledge establishing that the records had been kept in the ordinary course of business or that they were otherwise trustworthy.

A Woman's Choice-East Side Women's Clinic v. Scott C. Newman, Prosecuting Attorney for Marion County Indiana, on Behalf of a Class of Prosecutors

305 F.3d 684 · Court of Appeals for the Seventh Circuit · Oct 28, 2002

Bessemer City, 470 U.S. 564 , 105 S.Ct. 1504 , 84 L.Ed.2d 518 (1985), and we cannot say that the district court's findings are clearly erroneous. … The Court there decided that the existence of an "undue burden" had not been established on the record then before it.

United States v. Snook, Ronald

Court of Appeals for the Seventh Circuit · Apr 23, 2004

Snook contends that this evidence was relevant to his state of mind, showing that he believed selective reporting was the established practice at Clark and that it was legal. … recognizing the fiduciary nature of the “trust” relationships set forth as examples in the commentary— i.e., attorney/client, bank executive/bank client, and doctor/ patient relationships—courts have emphasized that, to qualify

United States v. Francisco Felix-Felix and Guadalupe Felix-Felix

275 F.3d 627 · Court of Appeals for the Seventh Circuit · Dec 27, 2001

The fact that he was being questioned by police at the time is no basis for establishing involuntariness. See United States v. … Lampkins, 47 F.3d 175, 180 (7th Cir.1995). *637 On appeal, Francisco argues that he was clearly less responsible than Guadalupe since it was Guadalupe who drove the van to the meeting site to deliver the narcotics.