Case law

Kenneth Bourbon v. Kmart Corporation

223 F.3d 469 · Court of Appeals for the Seventh Circuit · Aug 4, 2000

Ordinarily, if all a plaintiff in a discrimination case could show was that he was qualified for a job (or promotion, or retention) but was passed over in favor of a person of a different race (sex, religion, etc.), his opponent … Without the boost given by McDonnell Douglas, the plaintiff in such a case would have to establish, as part of his prima facie case and thus before the defendant had any burden of explanation, a causal connection between

Shirley Lacko v. United of Omaha Life Insurance

926 F.3d 432 · Court of Appeals for the Seventh Circuit · Jun 12, 2019

The Supreme Court and this court have clearly and con‐ sistently held that a conflict of interest is present where the administrator has both the authority to determine benefits and the obligation to pay them, and that such … Moreover, we would note that the Plan’s requirement of a “change” in a per‐ son’s physical or mental capacity in order to qualify for bene‐ fits does not by its terms preclude a degenerative condition from qualifying a claimant

James Wells v. Jeff Coker

707 F.3d 756 · Court of Appeals for the Seventh Circuit · Feb 12, 2013

In addition, to qualify as a judicial admission, a statement also must be “deliberate, clear, and unambiguous.” Robinson v. McNeil Consumer Health- care, 615 F.3d 861, 872 (7th Cir. 2010). … Whereas the fact to be established in Andrews was simply that the party had committed a crime to which he later pleaded guilty, the matter at issue here is not whether Wells engaged in reckless conduct.

United States v. Demitrius Patterson

557 F. App'x 558 · Court of Appeals for the Seventh Circuit · Mar 4, 2014

Gelbort submitted a report, which the court used to help determine whether Patterson qualified for a reduced sentence under U.S.S.G. § 5K2.13, because of diminished capacity. … The report stated that Patterson was “clearly diagnosable” with No. 08-1764 Page 3 polysubstance abuse and depression—conditions that “were present

United States v. Roberto Febus, A/K/A Bobby Santos Efrain Santos, A/K/A Frank Santos, A/K/A Puerto Rican Frank Benedicto Diaz, A/K/A Ito Jose Santos and Angel Morales, A/K/A Wiso

218 F.3d 784 · Court of Appeals for the Seventh Circuit · Jul 14, 2000

And we will uphold the district court's findings about whether the defendant has provided a fair and just reason unless they are clearly erroneous. … But we have already established that plea agreements are not "a thing of value" under the statute, and this claim fails. Condon, 170 F.3d at 689 .

Johnathan Lacy v. Cook County, Illinois

Court of Appeals for the Seventh Circuit · Jul 30, 2018

The primary mandate of Ti- tle II is that “no qualified individual with a disability shall, by 1 The plaintiffs also filed suit under section 504 of the Rehabilitation Act. … We do not think that this conclusion rested on clearly errone- ous factual findings or legal error. See Bell, 800 F.3d at 373.

United States v. Harris, Charles

Court of Appeals for the Seventh Circuit · Jun 15, 2007

training, medical care, or other correctional treatment in the most effective manner; (3) the kinds of sentences available; (4) the kinds of sentence and the sentencing range established … These considerations lead us to the conclusion that the district court correctly determined that Tradewinds qualifies as a financial institution for purposes of the sentencing enhancement. Mr.

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. Warner, Lawrence E.

Court of Appeals for the Seventh Circuit · Sep 6, 2007

See Advisory Committee Notes for Rule 406 (emphasizing the need for a “repeated specific situation” before some- thing qualifies as “habit”). … Attorney is issuing immunity grants to jurors, it is im- possible not to recognize the extraordinary nature of the case.

No. 72-1455

463 F.2d 603 · Court of Appeals for the Seventh Circuit · Jun 30, 1972

The district court order clearly cannot be supported by a finding of bad faith or harassment. 24 Cousins, et al., argue, however, that such findings are unnecessary if they establish a "chilling effect" on their First Amendment … Had the district court made an unequivocal finding to that effect on the evidence that was actually presented to him, we have no doubt that such a finding would have been clearly erroneous. 26 Plaintiffs clearly failed to

Lesley A. PARKINS, Plaintiff-Appellant, v. CIVIL CONSTRUCTORS OF ILLINOIS, INC., D/B/A the Helm Group, Inc., Defendant-Appellee

163 F.3d 1027 · Court of Appeals for the Seventh Circuit · Dec 30, 1998

Absent an entrustment of at least some of this authority, an employee does not qualify as a supervisor for purposes imputing liability to the employer. … Because there is no evidence that either Strong or Boeke enjoyed more than minimal authority, and exercised almost no control over truck drivers, ■ they clearly were not supervisors with immediate or successively higher authority

Ptasznik, Grace v. Saint Joseph Hospita

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

Corp., 349 F.3d 1055, 1063 (7th Cir. 2003) (statements regarding plaintiff’s age did not form a convincing mosaic of circum- stantial evidence sufficient to prevail under direct method where the prejudicial views were not clearly … Pretext is not necessarily established merely when the plaintiff demonstrates the employer’s reason was mistaken.

United States v. United States Steel Corporation

482 F.2d 439 · Court of Appeals for the Seventh Circuit · Oct 15, 1973

True, compliance with federal water quality standards developed under the amended Federal Water Pollution Control Act would not immunize defendant from prosecution for discharges without a permit under the 1899 Act. … Clearly the statute generally proscribes refuse discharges unless in any instance the Secretary of the Army has exercised his discretion to permit it.

Hartigan v. Federal Home Loan Bank Board

746 F.2d 1300 · Court of Appeals for the Seventh Circuit · Oct 22, 1984

Heytow (Heytow), a Chicago banker, proposed to establish a savings and loan holding company to acquire First Federal. Heytow's bid was ultimately rejected by FSLIC. … Village of Bellwood, 441 U.S. 91 , 99 S.Ct. 1601 , 60 L.Ed.2d 66 (1979). 24 Heytow clearly has standing to challenge the Corporation's decision.

Diane Bond v. Edwin Utreras

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

This conclusion flows from the established general principle, noted above, that “an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed” in order “[t]o qualify as a case … Every circuit to have considered the question of standing in the context of a right-to-receive claim has reached the same conclusion: “[I]n order to maintain a ‘right to lis- ten’ claim, a plaintiff must clearly establish

Marilyn D. Katz Santarelli, and Cross-Appellee v. Louis Katz, Florence Katz, Etc., and Cross-Appellants. Marilyn D. Katz Santarelli, and v. City National Bank and Trust Company of Chicago, as of the Estate of Louis Katz, Deceased, Florence Katz, Etc., And

270 F.2d 762 · Court of Appeals for the Seventh Circuit · Oct 22, 1959

However, if a stockholder is being unjustly deprived of dividends that should be his, a court of equity will not permit management to cloak itself in the immunity of the business judgment rule. 34 The facts brought out by … These cases are not very helpful to defendants because they clearly state a rule which defeats defendants' argument.

Hutchins v. Clarke

661 F.3d 947 · Court of Appeals for the Seventh Circuit · Oct 24, 2011

Second, the plaintiff must establish that the speech was a substantial or motivating factor in the alleged retaliatory action. Id. … See also Isthmus Publishing Co., 1995 WL 819176 , at *12 ("Clearly police personnel have a privacy interest in keeping reports of misconduct secret.

19 Fair empl.prac.cas. 1540, 19 Empl. Prac. Dec. P 9270 James Dawson, Plaintiffs-Cross-Appellants v. Robert B. Pastrick, and East Chicago Firefighters Association, Local 365, Intervenor-Appellant

600 F.2d 70 · Court of Appeals for the Seventh Circuit · May 31, 1979

The legislative history of the Act clearly evinces Congress' intention that the Act apply in then pending litigation, See Wharton v. … (a) All promotions to any rank shall be from the next immediate lower rank and provided that the person to be promoted shall have qualified in time of service as designated by the commission . . . . 3 The proposed partial

Walter Kaczmarek and Theresa Kaczmarek v. Allied Chemical Corporation, United States Steel Corporation, and Ever-Tite Coupling Company, Inc.

836 F.2d 1055 · Court of Appeals for the Seventh Circuit · Mar 10, 1988

An expert witness can offer an opinion that may be based on inadmissible hearsay, see Fed.R.Evid. 703, but Cusick was attesting to a historical fact and anyway no effort to qualify him as an expert was made. … We do not think the jury could have mistakenly believed, in the teeth of instructions which clearly stated that contributory negligence was not a defense to Kaczmarek’s strict liability claim against EverTite, that contributory

United States v. Warner, Lawrence E.

498 F.3d 665 · Court of Appeals for the Seventh Circuit · Aug 21, 2007

See Advisory Committee Notes for Rule 406, emphasizing the need for a “repeated specific situation” before something qualifies as “habit.” … Note that the immunity grant covered the jurors’ statements “going forward.” The record does not reflect whether the U.S.