Case law

John Wayne Gacy v. George Welborn, Warden, Menard Correctional Center, and Roland W. Burris, Attorney General of Illinois

994 F.2d 305 · Court of Appeals for the Seventh Circuit · May 7, 1993

At all events these cases are immune from overruling on collateral attack. Teague v. … Although Judge Garippo rejected that position and .ordered Gacy to stand trial, the duties of counsel representing a client of borderline competence are not so clearly established as the duties of counsel representing a normal

Martin v. Shawano-Gresham School District

295 F.3d 701 · Court of Appeals for the Seventh Circuit · Jul 3, 2002

Thus, the plaintiffs can only succeed if they establish that the school had a duty to protect Timijane from suicide after the school day ended. … Martin 14 Because we conclude that the facts fail to support a constitutional claim, we need not reach the question of qualified immunity or whether the school district had a custom or policy creating municipal liability

TAS Distrib Co Inc v. Cummins Engine Co

Court of Appeals for the Seventh Circuit · Jun 14, 2007

[I]t appears that the epithet certainty is overstrong, and that the standard is a qualified one, of ‘reasonable certainty’ merely, or, in other words, of ‘probability.’ ”). … Moreover, Illinois law, even without reference to the new business rule, clearly requires that damages be proved to a reasonable certainty. E.J. McKernan Co., 623 N.E.2d at 1000.

Southworth, Scott v. Bd Regents Univ WI

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

The SGAF is 3 To qualify as an RSO a group must be a formalized not-for- profit group, composed mainly, but not necessarily exclusively, of students, and controlled and directed by students. 4 … The Students clearly lost on that claim. The district court correctly denied the Students attorneys’ fees to the extent that such fees were generated from that claim.

City of Chicago v. William P. Barr

Court of Appeals for the Seventh Circuit · Jun 4, 2020

Our reasoning in Chicago I established Chicago’s entitle- ment to relief on the merits, not merely a likelihood of success. … Notably, the Attorney General has never tried to establish that the grant awards are not interdependent.

Exelon Generation Co v. Local 15, I

Court of Appeals for the Seventh Circuit · Mar 29, 2012

That boiler- plate statement of tepid approval for the industry stan- dards is too vague to qualify as the Commission’s own authoritative interpretation for Auer-Seminole Rock pur- poses. … What the Commission clearly could not do was over- rule its prior policy by having its staff issue an unpub- lished guidance statement without any reasoned explana- tion for the change.

Roderick LA MONTAGNE, Plaintiff-Appellant, v. AMERICAN CONVENIENCE PRODUCTS, INC., Defendant-Appellee

750 F.2d 1405 · Court of Appeals for the Seventh Circuit · Dec 27, 1984

We accept it as established that Bark decided to discharge La Montagne at the December 1979 board meeting. … As the test was originally formulated in McDonnell Douglas, the second factor was that the plaintiff was qualified for the job.

Harper, Charlene v. Vigilant Insur Co

Court of Appeals for the Seventh Circuit · Dec 6, 2005

The rationale underpinning this rule of law is that, “[i]n drafting insurance policies, the insurer ‘has the opportunity to clearly word exclusions and limits of liability.’ ” JAM Inc. v. Nautilus Ins. … The question is whether John’s infrequent social visits to his father’s lake house during the effective policy period qualified him as a “resident of [his father’s] household,” thereby granting him insured status under the

United States v. John Seiwert

Court of Appeals for the Seventh Circuit · Sep 12, 2025

But it did not apply the analytical framework established in Bruen. … No. 23-2553 13 And those of the Founding Era were not immune. See David F.

Moore v. Boating Industry Associations

754 F.2d 698 · Court of Appeals for the Seventh Circuit · Jan 30, 1985

Causation of an antitrust injury was clearly established in this case. “But for” the Association’s conduct, we are convinced that the sales of the Model 701 would not have declined. … Thus, he was certainly qualified to estimate the amount of lost unit sales in the aftermarket caused by the Association’s conduct.

United States v. David Carter

Court of Appeals for the Seventh Circuit · Jul 20, 2009

Carter counters that neither circumstance qualifies as an intervening event. … At any rate, this argument is no help to Carter since he has never tried to establish a Fourth Amendment interest in the May Street apartment where he was arrested.

First Wisconsin Mortgage Trust v. First Wisconsin Corp.

584 F.2d 201 · Court of Appeals for the Seventh Circuit · Sep 22, 1978

From the time Trust was established the law firm of Foley & Lardner (Foley) was general counsel to Trust as well as general counsel to FWC and its subsidiaries. … The cases to which we have adverted while not squarely in point do clearly point the way, in our opinion, for separate analysis and treatment of the two aspects of the situation.

United States v. Wallace Delaney Mohammed

288 F.2d 236 · Court of Appeals for the Seventh Circuit · May 1, 1961

On June 11, 1956, the local board wrote to defendant requesting that he designate three types of civilian work which he was willing and qualified to do. … And since the ministerial exemption is a matter of legislative grace, the selective service registrant bears the burden of clearly establishing a right to the exemption.” Dickinson v.

Dorothy Gautreaux v. Samuel R. Pierce, Secretary of the Department of Housing and Urban Development v. Rogers Park Community Council, Proposed Intervenors-Appellants. Dorothy Gautreaux v. Moon Landrieu, Secretary of the Department of Housing and Urban Development, Appeal of Ginger MacK Class Member. Dorothy Gautreaux v. Illinois Housing Development Authority

690 F.2d 616 · Court of Appeals for the Seventh Circuit · Sep 30, 1982

IHDA is correct in asserting that these cases establish that an agency or executive must honor binding regulations but IHDA has failed to show that anything in the consent decree clearly would compel HUD to act in abrogation … Clearly, the duration of time necessary to implement a remedial plan cannot invalidate an otherwise valid remedial decree or order.

Dr. Chester A. Wilk, D.C., Dr. James W. Bryden, D.C., Dr. Patricia B. Arthur, D.C., and Dr. Michael D. Pedigo, D.C., Cross-Appellants v. American Medical Association, Cross-Appellee. Dr. Chester A. Wilk, D.C., Dr. James W. Bryden, D.C., Dr. Patricia B. Arthur, D.C., and Dr. Michael B. Pedigo, D.C., Plaintiffs-Cross-Appellants v. American Medical Association, Joint Commission on Accreditation of Hospitals, American College of Physicians and American Academy of Orthopaedic Surgeons, Defendants-Cross-Appellees

895 F.2d 352 · Court of Appeals for the Seventh Circuit · Apr 25, 1990

The court's finding that JCAH did not participate in the AMA's conspiracy was not clearly erroneous. … A physician may send his patient to a qualified and ethical optometrist for optometric services.

United States v. Tony William Wables

731 F.2d 440 · Court of Appeals for the Seventh Circuit · Apr 9, 1984

Such testimony establishes the regular practices and procedures surrounding the creation of the records, the very elements that are necessary for a finding of trustworthiness. See Louisville & Nashville Railroad Co. v. … The business records exception to the hearsay rule clearly does not require that the witness have personal knowledge of the entries in the records.

Oest, Faye M. v. IL Dept Corrections

Court of Appeals for the Seventh Circuit · Feb 14, 2001

As we have noted, allegedly discriminatory remarks qualify as direct evidence if they are "related to the employment decision in question." Robin, 200 F.3d at 1089. … Oest nevertheless contends that the requisite causal link was established.

City of Chicago v. William P. Barr

Court of Appeals for the Seventh Circuit · Jun 4, 2020

Our reasoning in Chicago I established Chicago’s entitle- ment to relief on the merits, not merely a likelihood of success. … Notably, the Attorney General has never tried to establish that the grant awards are not interdependent.

United States v. Howard Medley

913 F.2d 1248 · Court of Appeals for the Seventh Circuit · Nov 26, 1990

The government advised Medley’s counsel that under a grant of immunity the government would call Flisk in this trial. Medley responded on August 23, 1989, with a motion in limine. … That section may be considered more clearly written, but section 666 is clear enough.

Meanith Huon v. William Mudge

Court of Appeals for the Seventh Circuit · Jan 5, 2015

More was not required: Investigators cannot ignore “clearly  exculpatory facts,” Stokes v.  … The release reports, however, that Huon  had been accused of a crime and recites Counts’s allegations, clearly attributing those  allegations to her.