Case law

Horace Fox v. Julia Hathaway

Court of Appeals for the Seventh Circuit · Jul 10, 2019

“When there are two permissible views of the evidence, the … choice between them cannot be clearly erroneous.” Dexia Crédit Local v. Rogan, 629 F.3d 612, 628 (7th Cir. 2010). … According to the judge, the data clearly showed that the company’s liabilities exceeded its assets when the transfers were made.

Luis Albert Alicea v. John R. Gagnon, Superintendent, and the Attorney General of Wisconsin

675 F.2d 913 · Court of Appeals for the Seventh Circuit · Apr 14, 1982

Recognizing the Michigan Legislature’s power to restrict a defendant’s right to testify, the court was unwilling to qualify that right absent an unambiguous legislative command to do so. … The unmistakable significance of these post-Rider developments clearly undercuts the precedential value of Rider. Hence, we decline to follow the Tenth Circuit’s holding.

Clifton McFowler v. Danny D. Jaimet, Warden, Hill Correctional Center

349 F.3d 436 · Court of Appeals for the Seventh Circuit · Nov 13, 2003

There is no contention that the Appellate Court’s decision is “contrary to” clearly established law. … of ... clearly established Federal law.’ ” Williams, 529 U.S. at 407-08 , 120 S.Ct. at 1520 .

Scully v. United States

840 F.2d 478 · Court of Appeals for the Seventh Circuit · Mar 23, 1988

Id. at 476 , 60 S.Ct. at 357 . 35 When the evidentiary submissions on summary judgment are measured against the standard, we do not believe that the trustees have established that they can meet their burden of establishing … The court said: 36 [A] sale of stock for the very end of preserving the voting power of the parent's management is clearly one transaction in which there is no lessening in domination and control, but an effort to maintain

George Washington v. John Summerville, Detective 16520, P. Foley, Detective 12215, J. Capesius, Detective 11093

127 F.3d 552 · Court of Appeals for the Seventh Circuit · Nov 13, 1997

The plaintiff meets his burden of proof only when he establishes that the nolle prosequi was entered for reasons consistent with his innocence. Id. … The dismissal in these circumstances thus was clearly consistent with Washington's innocence. 1 58 For these reasons, I would reverse the dismissal of Washington's malicious prosecution claims and remand those claims to the

Fed. Sec. L. Rep. P 92,993 Dynamics Corporation of America, a New York Corporation v. Cts Corporation, an Indiana Corporation

805 F.2d 705 · Court of Appeals for the Seventh Circuit · Nov 3, 1986

It is true that the board obtained the opinion of a qualified financial expert (other than Smith Barney) that the 28 percent trigger was proper, but the opinion was offered as a conclusion; its basis was not explained. … King, 792 F.2d 602, 604-06 (7th Cir.1986)), so we must uphold it unless it is clearly erroneous.

Goodwin, Audrey v. Bd Trustees Univ IL

Court of Appeals for the Seventh Circuit · Mar 31, 2006

McDonnell Douglas analysis In order to indirectly establish proof of discrimination in her Title VII claim, Goodwin must first establish the prima facie elements set out in McDonnell Douglas Corp. v. … As we stated in Ezell, “the other employees must have engaged in similar—not identical—conduct to qualify as similarly situated.” Ezell, 400 F.3d at 1050.

United States v. William Stillwell, Sr. And William Stevens

900 F.2d 1104 · Court of Appeals for the Seventh Circuit · Apr 25, 1990

Conceding that the two residences were in no way used for commercial purposes, the government attempted to establish the interstate commerce requirement by showing that the residences received out-of-state electrical power … Defense counsel speculated that if Harnish’s truthful testimony incriminated her and was thus favorable to the government, the government merely had to offer her immunity to get her to testify truthfully.

Richard Crayton v. United States

799 F.3d 623 · Court of Appeals for the Seventh Circuit · Jun 25, 2015

To  qualify  as  watershed,  a  new  rule  must  meet  two  requirements.  … She clearly did not want to sentence Crayton so high, but she  was  bound  to,  based  upon  a  finding  by  a  preponderance  of  the  evidence  that  death  resulted. 

Donald Artz v. Hartford Life & Accident Insurance Company

100 F.4th 921 · Court of Appeals for the Seventh Circuit · May 6, 2024

Recall from the plan itself that Artz qualifies as “disabled” only if he cannot perform one or more “essential duties” of his occupation as it is “recognized in the general workplace.” … Several physi- cians concluded that he did not present enough objective evi- dence to show “severity and frequency” of symptoms “such that functional impairment [was] established.”

Von Duprin LLC v. Moran Electric Service, Inc.

Court of Appeals for the Seventh Circuit · Sep 3, 2021

What is more, the record does not establish when or in what amounts any of this pollution occurred. … The district court was equally right to con- clude that Major did not qualify for the BFPP defense for the Ertel Property.

Morton M. Hill, Jr. v. Norfolk and Western Railway Company

814 F.2d 1192 · Court of Appeals for the Seventh Circuit · May 13, 1987

In other federal statutes, however, the term “convict ed” is clearly limited to persons against whom a formal judgment has been entered. See, e.g., 18 U.S.C. section 4251 (e) and 28 U.S.C. section 2901 (f). … The right to notice and an opportunity to be heard before sanctions are assessed, recognized in Roadway Express, was neither limited to section 1927 nor implicitly qualified.

J.K.J. v. Polk County, Wisconsin

Court of Appeals for the Seventh Circuit · May 15, 2020

Eiser testified PREA “set[s] the standard for jails very clearly.” Ac- cording to Eiser, the PREA standard has three components: prevention, detection, and training. … Peters, 256 F.3d 695 (7th Cir. 2001) (reversed jury verdict for incarcerated prisoner on qualified immunity grounds).

United States v. Harold Rosen

726 F.3d 1017 · Court of Appeals for the Seventh Circuit · Aug 14, 2013

In truth, no loan was closed, no line of credit was established, and no private funds were available to Rosen. No. 12‐2101 7 C. … Rosen qualifies as a “true con artist.” Id. 

Ernestine W. Cannaday and Donald Cannaday v. Randall Gibas

951 F.2d 352 · Court of Appeals for the Seventh Circuit · Jan 8, 1992

immunity, citing Malley v. … Leon, 468 U.S. 897 (1984) ] defines the qualified immunity accorded an officer whose request for a warrant allegedly caused an unconstitutional arrest"). The merit of Gibas' defense is not apparent from this record.

J.K.J. v. Polk County, Wisconsin

Court of Appeals for the Seventh Circuit · May 15, 2020

Eiser testified PREA “set[s] the standard for jails very clearly.” Ac- cording to Eiser, the PREA standard has three components: prevention, detection, and training. … Peters, 256 F.3d 695 (7th Cir. 2001) (reversed jury verdict for incarcerated prisoner on qualified immunity grounds).

Lyerla v. AMCO Insurance

536 F.3d 684 · Court of Appeals for the Seventh Circuit · Aug 4, 2008

But whether Lyerla expected his subcontractors to perform their work properly is irrelevant where the complaint clearly does not allege any “property damage.” … The analysis of exclusions and exceptions thereto only becomes relevant once coverage is established; that is, only if the underlying complaint alleges "property damage” caused by an "occurrence.”

Jeremy Langley v. Brendan Kelly

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.

United States v. David Lehman

468 F.2d 93 · Court of Appeals for the Seventh Circuit · Oct 24, 1972

Clearly, the IRS agents used no physical coercion against Dr. Lehman. Nor is there any credible evidence of promises of nonprosecution or of leniency. … You being an expert and qualified as an expert, is there any obligation for a taxpayer to deposit all of the money that he earns into a bank account ? “A. No. “Q.

Lachman v. Illinois State Board Of Education

852 F.2d 290 · Court of Appeals for the Seventh Circuit · Jul 18, 1988

Once it is shown that the Act's requirements have been met, questions of methodology are for resolution by the responsible authorities. 9 Clearly, the consultation and procedural requirements of the Act have been met in this … MSTEP alleged that the complaint did not establish that it owed a duty to appellants. Therefore it claimed not to be a proper party defendant.