Case law
Opinions from 1658 to today.
9,632 results
2.83s
629 F.2d 1258 · Court of Appeals for the Seventh Circuit · Sep 3, 1980
While clearly plaintiff’s expert and defendants’ expert disagreed completely as to the cause of malfunction of the limit switch, the jury was entitled to consider and credit the testimony of defendants’ expert, Professor … regularly conducted business activity, and if it was the regular practice of *1265 that business activity to make the memorandum, report, record, or data compilation, ail as shown by the testimony of the custodian or other qualified
Cited 8 timesPublished804 F.2d 366 · Court of Appeals for the Seventh Circuit · Jan 6, 1987
The magistrate correctly applied the analysis for disparate treatment claims established in McDonnell Douglas v. … We see no basis to overturn it as clearly erroneous. See Batson v.
Cited 0 timesPublished789 F.2d 492 · Court of Appeals for the Seventh Circuit · May 13, 1986
Applying the MHDDC to Raimondo, the court determined that Sec. 3-200 of that act establishes that civil patients who were once NGRIs may only be released as provided in the amended UCC. … Oct. 30, 1984), and we therefore do not address, the question of whether change in the conditions of Raimondo's confinement is immune from ex post facto analysis because that confinement is not penal in nature.
Cited 0 timesPublishedUnited States v. Davis, Thomas B.
Court of Appeals for the Seventh Circuit · Dec 15, 2006
After establishing that the expert had never had a conver- sation with the defendant about this provision of the law (apparently to support the defense argument that Dr. … Jury Instruction 8 clearly spelled out the elements of the alleged crime and informed the jury that it must find every element proved beyond a reasonable doubt.
Cited 0 timesPublishedFrancine Schuster v. Commissioner of Internal Revenue Service
800 F.2d 672 · Court of Appeals for the Seventh Circuit · Nov 12, 1986
As an NHSC staff member, Schuster qualified for and received continuing professional education at the expense of the federal government. … Second, Schuster’s entitlement to the compensation was clearly superior to the Order’s. Schuster’s paychecks were made payable to her individually.
Cited 30 timesPublishedUnited 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.
Cited 0 timesPublishedUnited States v. Ronald T. Schaefer
384 F.3d 326 · Court of Appeals for the Seventh Circuit · Sep 13, 2004
Judge Barker also noted that relevant conduct, to qualify as such, must be within the scope of the scheme to defraud. … Thus, she concluded that, even if Count Two should not be included with the charged conduct, it would still qualify on the same grounds as the uncharged conduct.
Cited 13 timesPublishedJohnny Lee Gregory v. Michael R. Hartman
909 F.2d 1486 · Court of Appeals for the Seventh Circuit · Aug 3, 1990
Clearly, then, the district court did not err in finding that Hartman, a private attorney, did not act under color of state law to deprive Gregory of his right to counsel. … Ackerman, 444 U.S. 193 (1979) (an attorney appointed by a federal judge to defend an indigent client is not, as a matter of federal law, entitled to absolute immunity from a state malpractice suit)
Cited 1 timesUnpublishedPtasznik, 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.
Cited 0 timesPublished358 F. App'x 685 · Court of Appeals for the Seventh Circuit · Dec 21, 2009
Next, the court concluded that Hayes qualified for the 3-level increase under § 2J1.2(b)(2) for substantially interfering with the state court’s administration of justice in a custody proceeding. … The district court’s factual finding that the passport was “used” in the commission of the kidnapping is not clearly erroneous.
Cited 0 timesPublishedBMD CONTRACTORS v. Fidelity and Deposit Co. of Md.
679 F.3d 643 · Court of Appeals for the Seventh Circuit · May 11, 2012
Establishing a specific time frame in which payment must be made is the hallmark of pay-when-paid clauses. … The surety bond in Culligan did not contain similar qualifying language.
Cited 36 timesPublished600 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
Cited 0 timesPublishedUnited States v. Tyrone Kirklin
727 F.3d 711 · Court of Appeals for the Seventh Circuit · Aug 15, 2013
According to Kirklin, the district court’s fail‐ ure to explicitly require that the government establish that the defendant intended to further the use of the weapon (as opposed to only aiding the bank … The law was clearly against him.
Cited 33 timesPublishedHedrick G. Humphries v. Cbocs West, Inc.
474 F.3d 387 · Court of Appeals for the Seventh Circuit · Jan 29, 2007
It was enough to show “similar — not identical' — conduct” and this surely qualifies under that standard. Id. To find otherwise is to lose sight of the big-picture, common-sense perspective. … "Clearly, when an employer punishes an employee for attempting to enforce her rights under section 1981, this conduct 'impairs the employee's ability to enforce her contract rights.' " Id.
Cited 418 timesPublishedUnited States v. Christopher Cannon
560 F. App'x 599 · Court of Appeals for the Seventh Circuit · Mar 27, 2014
In a prosecution for mail fraud, the government is not required to establish that the defendant’s scheme was directed at obtaining money or property that he would not have been entitled to through legal means. … Counsel has identified no problems with the guidelines calculation of 18 to 24 months’ imprisonment or any clearly erroneous facts relied on by the district judge.
Cited 2 timesUnpublishedSpears v. Atchison, Topeka & Santa Fe Railway Co.
255 F.2d 780 · Court of Appeals for the Seventh Circuit · May 27, 1958
The jury’s determination of which opinion is right is clearly within its function as the trier of the facts. … “It does not require the citation of authorities to establish the proposition that appellants, having adopted and used this identical hypothetical question in the examination of their expert witnesses, will not be heard to
Cited 1 timesPublishedCourt of Appeals for the Seventh Circuit · Feb 2, 2007
White Established Her Claim for Discrimination Based on Familial Status. … Cir. 1992) (stating that the FHA was “not intended to ‘prevent a landlord from determining that a family is otherwise qualified before agreeing to rent to them’ ”) (quoting 134 Cong. Rec. H4681 (daily ed.
Cited 0 timesPublishedDeborah Jackson v. Payday Financial, LLC
764 F.3d 765 · Court of Appeals for the Seventh Circuit · Aug 22, 2014
It is clearly “unreasonable” under the standard articu- lated in M/S Bremen. … Therefore, a nonmember’s consent to tribal authority is not sufficient to establish the jurisdiction of a tribal court.
Cited 172 timesPublished766 F.3d 689 · Court of Appeals for the Seventh Circuit · Sep 4, 2014
Mukasey, 518 F.3d 534 (7th Cir. 2008) (upholding the BIA’s finding that MQM-H’s activities in the early 1990s qualify it as a terrorist organization). … Nothing he said establishes any significant overlap between Khan’s awareness that MQM-A authorized terrorist activities and his involvement with the group.
Cited 55 timesPublishedCourt 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
Cited 0 timesPublished
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