Case law

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.

Ahmed Hassan v. Eric Holder, Jr.

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

The BIA also found that the IJ’s adverse credibility determina- tion was not clearly erroneous. … The applicant may qualify as a refugee either because he has suffered “past persecu- tion” or because he has a “well-founded fear of future persecution.” 8 C.F.R. § 1208.13(b).

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.

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.

Clayton v. James Clow & Sons

327 F.2d 382 · Court of Appeals for the Seventh Circuit · Jan 28, 1964

They qualify their position by stating that, even if he was not an express trustee, William, Sr. was a trustee de son tort. Thus, in either case, they say he was prohibited from self-dealing. As to Mrs. … Certainly, it was not clearly erroneous for the district judge to so find. 28 U.S.C.A. rule 52(a).

Norma Perez v. Thorntons, Incorporated

731 F.3d 699 · Court of Appeals for the Seventh Circuit · Sep 30, 2013

Also, at the time of Perez’s firing, Thorn-tons’ stated reason for its decision was her failure to “control cash and/or inventory,” and Koziol’s infraction would also certainly qualify for that description. … And Perez did not respond in the district court as clearly as she should have.

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.

Deering v. NATIONAL MAINTENANCE & REPAIR, INC.

627 F.3d 1039 · Court of Appeals for the Seventh Circuit · Dec 2, 2010

The poverty of cases should allay anxiety that seamen who damage their employer’s 12 No. 10-1716 property will seek immunity by filing trivial Jones Act claims (a claim that … First, comparative negligence, today the law in most states, had not been clearly recognized in any state when the FELA was enacted in 1908, and was in force in only a handful of states when the Jones Act was enacted in 1920

Foster, James T. v. Schomig, James M.

Court of Appeals for the Seventh Circuit · May 31, 2000

Because the Illinois Supreme Court’s decision was not contrary to clearly established law, we reverse the district court in part and affirm in part. I. … Because Foster has not shown that his conviction or sentence was contrary to clearly established law or was an unreasonable application of law as set out in Strickland, he cannot prevail.

Appelbaum, Doris S. v. Milwaukee Metro

Court of Appeals for the Seventh Circuit · Aug 28, 2003

UARCO, Inc., 122 F.3d 374, 386 (7th Cir. 1997); but, nonetheless, we believe that the jury was entitled to attach some significance to the fact that MMSD had previously chosen to lay off Appelbaum rather than her younger, clearly … less-qualified colleague.

Moore v. Sunbeam Corp.

459 F.2d 811 · Court of Appeals for the Seventh Circuit · Mar 10, 1972

No grievance was filed as to the January 10 transfer; Moore clearly failed to exhaust contractual remedies on that issue. … In .Tune, 1966, he passed a test which qualified him as a “leadman,” a junior supervisory position. I-Ie attempted unsuccessfully to obtain leadman assignments in June, August, and October of 1966.

Jimmie Huff v. Uarco, Incorporated, William M. Schoolman v. Uarco, Incorporated, and the Trustees of the Uarco Retirement Plan

122 F.3d 374 · Court of Appeals for the Seventh Circuit · Aug 6, 1997

Following the demotions, a younger worker with less seniority, Allison, was promoted to the position of supervisor, even though plaintiffs were qualified and had seniority. … The court found that even if these contentions were trae, none would be sufficient to establish pretext.

Collin v. Smith

578 F.2d 1197 · Court of Appeals for the Seventh Circuit · May 22, 1978

[S]uch utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order … The latter Court also pointed out that the tendency to induce breach of the peace was the traditional justification for the criminal libel laws which had always been thought to be immune from the First Amendment. Id.

United States v. Reed, Mark A.

Court of Appeals for the Seventh Circuit · Nov 13, 2003

I do not think that the district judge made any clearly erroneous finding or abused her discretion in balancing the factors. … Bryant, 502 U.S. 224, 228 (1991) (right question for qualified immunity from damages is whether “a reasonable officer could have believed that probable cause existed”).

Angelini v. Cowan

18 F. App'x 387 · Court of Appeals for the Seventh Circuit · Aug 17, 2001

Federal courts may grant habeas corpus relief only if the state courts’s adjudication resulted in a decision that “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined … The fact that a lawyer's action is labeled a tactic, however, “does not immunize it from review in a challenge to the lawyer’s effectiveness.” Miller v.

Gary Wilson v. City of Evansville

Court of Appeals for the Seventh Circuit · Nov 26, 2018

Therefore, the district court entered summary judgment for the defendants, concluding that a reasonable jury could not find that the force used was excessive and that the officers were otherwise entitled to qualified immunity … Through that procedure, Wilson could have argued that he needed the third officer’s body-camera footage to establish a dispute of material fact for his excessive-force and failure-to-protect claims.

United States v. Andrew ("Bay-Bay") Patterson, Robert Patterson, Henry Patterson, Andrew L. ("Maine") Patterson, Tyrone Williams, Andre Williams, Durwin Baker, Terry Clark, Willie Connor, Maurice Foster, Gregory Hubbard, Jerry Patterson, Lennell Patterson, Odell Sumrell, and Edgar Williams

215 F.3d 776 · Court of Appeals for the Seventh Circuit · Jun 1, 2000

The judge decided not to establish a priority within this pool. All 63 had an equal chance of serving. … Defendants insist that leaving guns for Drozd to "find" is not sufficiently active to qualify as "use" under sec.924(c)(1). But they don't reckon with Smith v.

John Malone, Jr. v. Reliastar Life Insur

Court of Appeals for the Seventh Circuit · Mar 12, 2009

It should come as no surprise, then, that not even death, perhaps the most sobering and forthright fact in life, is immune from legal definition. A life insurance beneficiary may prove an insured’s death in two ways. … Pursuant to the ques- tions posed in the special verdict form, the jury found, specifically, that the plaintiff had not established the elements necessary to raise the presumption of death.

Frank L. Laport v. Commissioner of Internal Revenue

671 F.2d 1028 · Court of Appeals for the Seventh Circuit · Feb 24, 1982

In short, he asserts that the complete dearth of consideration means that his quitclaim of the property cannot be characterized as the “sale or exchange” of a capital asset and should instead qualify as an abandonment. 9 … But it also upsets the symmetry that the Crane case as a whole had established.

United States v. Thomas D. Clancy, James F. Prindable and Donald Kastner

276 F.2d 617 · Court of Appeals for the Seventh Circuit · Apr 14, 1960

A cursory examination of the affidavits upon which the warrant was issued, without regard to hearsay, and based only on the knowledge of the affiants from personal observations, clearly takes this case out of the ambit of … Evidence of admissions of co-conspirators may be presented prior to the conclusive establishment of the conspiracy without commission of error so long as the conspiracy is established at some time during the course of the