Case law

United States v. Chube II

538 F.3d 693 · Court of Appeals for the Seventh Circuit · Aug 15, 2008

Even so, if the court evaluated the evidence with an eye for detecting failures to live up to the civil standard of care, then it clearly erred. … Such statements are too imprecise and indefinite to establish the illegality of all the prescriptions in all of the files.

Hattie Kendrick v. James Walder, Individually and as Mayor of the City of Cairo, Illinois

527 F.2d 44 · Court of Appeals for the Seventh Circuit · Dec 16, 1975

Some 64 other communities in the state qualifying as being under the statutory maximum of 200,000 population (4--2--1) have elected to utilize the commission form of local government and presumably each nominates and elects … The plaintiffs clearly attempted so to confine their focus.

Tyrone Gabb v. Wexford Health Sources, Inc.

Court of Appeals for the Seventh Circuit · Jun 17, 2019

In this case, the magistrate judge found evidence to con- clude Gabb’s back pain qualified as an objectively serious medical condition. … Summary judgment for Wexford was clearly appropri- ate because Gabb has no evidence of harm. A plaintiff can bring a Monell-style claim against a private corporation acting under color of state law. Whiting v.

Johnson v. Sullivan

922 F.2d 346 · Court of Appeals for the Seventh Circuit · Dec 28, 1990

Federal jurisdiction for suits such as this one is established by 42 U.S.C. § 405 (g). … In City of New York , the Secretary had established a system-wide, clandestine policy for determining mental disability that was inconsistent with established regulations.

Nancy Knies v. Internal Revenue Service

9 F.3d 1549 · Court of Appeals for the Seventh Circuit · Nov 9, 1993

LEGAL ANALYSIS 12 This is a lawsuit against the United States. 1 "Since the United States is immune from suit except where Congress has waived its immunity, the suit here can be maintained only if it falls within a statute … waiving sovereign immunity."

Hess, Susan v. Hartford Life

Court of Appeals for the Seventh Circuit · Dec 13, 2001

Hess’s 1996 contract clearly states that the draw system was to be phased out as of April 5. … The Hartford policy states that "[i]f [Fleet] gives The Hartford any incorrect information, the relevant facts will be determined" to establish the correct benefit amount.

TX Independent v. EPA

Court of Appeals for the Seventh Circuit · Jun 13, 2005

To qualify as an “interested person” under § 509(b)(1)(F), a party, at a minimum, must have Article III standing. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992) (hereinafter Lujan II). … Establishing a discharge does not also establish an injury.

Estate of Rice Ex Rel. Rice v. Correctional Medical Services

675 F.3d 650 · Court of Appeals for the Seventh Circuit · Mar 20, 2012

“At that point it should be possible to more clearly distinguish between symptoms of schizo- phrenia and ongoing malingering.” R. 198-127 at 8. … Long, supra, 482 F.3d at 924 (holding defendants were not entitled to qualified immunity on Eighth Amendment claim that Nos. 09-2804 & 10-2389 29 inmate was subjected to unsanitary and

American Federation of Government Employees, Local 2119 v. William S. Cohen

171 F.3d 460 · Court of Appeals for the Seventh Circuit · Mar 18, 1999

This, claimed the plaintiffs, necessarily implies that both the M1A2 and the VIPER work should have been bid to all qualified candidates including Rock Island. … Interests inconsistent with those clearly protected by a statute do not fall within its zone-of-interests.

United States v. Campbell, George

Court of Appeals for the Seventh Circuit · Jul 15, 2008

Officer Coleman also testified that one kilogram of cocaine was a distribution quantity. 2 Officer Coleman was qualified as an expert without any objection from Mr. … To guard against this risk, the Government must “establish a nexus between the accused and the contraband.” Parra, 402 F.3d at 762.

Angela Tonyan v. Dunham's Athleisure Corporatio

Court of Appeals for the Seventh Circuit · Jul 20, 2020

The Americans with Disabilities Act (“ADA”) prohibits a covered employer from “discriminat[ing] against a qualified individual on the basis of disability.” 42 U.S.C. § 12112(a). … A “qualified individual” is one “who, with or without reasona‐ ble accommodation, can perform the essential functions of the employment position.” Id. § 12111(8).

Matthews v. United States

28 F.3d 1216 · Court of Appeals for the Seventh Circuit · Jul 7, 1994

Establishment of Religion on Taxpayers Money, 620 F.2d 648 , 654 (7th Cir.1980) (prison chaplains at two different state institutions were in privity because they were employed by the U.S. … Although Matthews' claims were not labeled as ones for false imprisonment or malicious prosecution, we think they are clearly encompassed by those terms. Cf. United States v.

Sotir Libarov v. ICE

Court of Appeals for the Seventh Circuit · Jun 10, 2025

The court’s conclusion about exemption 7(A) was not clearly erroneous. … The district court did not clearly err when it concluded that dis- closure of records like this one “would generally ‘interfere with enforcement proceedings.’”

McGrath v. Zenith Radio Corp.

651 F.2d 458 · Court of Appeals for the Seventh Circuit · Jan 28, 1981

effort to establish diversity jurisdiction. … Ketchum does not stand for such a rule and its facts are clearly distinguishable.

38 Fair empl.prac.cas. 1509, 38 Empl. Prac. Dec. P 35,500 Joann Ford Box v. A & P Tea Company, Paula Brockhouse v. A & P Tea Company, Amalgamated Meat Cutters and Butcher Workmen of North America, Local 320 and International Brotherhood of Amalgamated Meat Cutters and Butcher Workmen of North America

772 F.2d 1372 · Court of Appeals for the Seventh Circuit · Sep 5, 1985

Without these handwritten additions, Box's sex discrimination case would clearly lie outside the parameters of her EEOC complaint. See Clark v. … That purpose was clearly stated by Chief Justice Burger in Griggs v.

Robert Westefer, Mark Vonperbandt, Allejandro Villazana v. Donald Snyder, Odie Washington, Michael v. Neal

422 F.3d 570 · Court of Appeals for the Seventh Circuit · Sep 6, 2005

Illinois regulations establish two types of transfer hearings at Tamms, depending on the inmate’s segregation category upon arrival at the facility. … The private liberty interest, then, is clearly not as plenary as that of an individual not under the sentence of a court.

Diego Gaines v. K-Five Construction Corporatio

742 F.3d 256 · Court of Appeals for the Seventh Circuit · Jan 3, 2014

To establish a violation of § 31105(a), Gaines must present evidence this warning contributed to K-Five’s termination decision. … But more impor- tantly, the DDR forms very clearly and prominently place the hours worked information at the top of the page.

United States v. Anthony Fletcher

634 F.3d 395 · Court of Appeals for the Seventh Circuit · Feb 10, 2011

Recognizing a mistake-of-age defense would clearly be at odds with this compelling government objective. … United States, 444 U.S. 248 (1980) (per curiam) (describing “firmly established policy” forbidding U.S.

Ryan Crews v. City Mt Vernon IL

Court of Appeals for the Seventh Circuit · Jun 2, 2009

If Crews’s claim is governed exclusively by § 4316(b)(1), which requires only equal benefits for Guard and non-Guard employees, then Crews clearly has no right to special scheduling flexibility. … Unlike the conduct prohib- ited by the anti-discrimination provision, which must affect an employee’s conditions of “employment,” the conduct reached by the anti-retaliation provision is not qualified in terms of employment

Billie Williams v. Jader Fuel Company, Inc.

944 F.2d 1388 · Court of Appeals for the Seventh Circuit · Oct 1, 1991

In its decision denying Williams’ motion for a new trial, the district court explained this ruling, writing that “[t]he record before this court and the evidence produced at trial could clearly establish that the defendant … Under Illinois’ modified com *1402 parative negligence statute, the distinction between acts which establish contributory negligence and acts which establish a failure to mitigate damages regains some of the importance it