Case law

Dejournett v. Parkview Health System, Inc.

137 F. App'x 885 · Court of Appeals for the Seventh Circuit · May 25, 2005

Contrary to DeJournett’s interpretation, Section IV(A)(3) states that if reorganization is completed and there is no position for which DeJournett is qualified then “position elimination will occur and [DeJournett] will be … Under the facts of this case, DeJournett clearly has cut off her own nose to spite her face. DeJournett is neither entitled to nor eligible for severance under the plain language of Parkview’s Policy. III.

United States v. Darnell Murry

395 F.3d 712 · Court of Appeals for the Seventh Circuit · Jan 3, 2005

This stipulation established that each and every purchase was unauthorized. The summary charts were not the only evidence against Murry. … Murry complains that Schumann was not qualified to lay a foundation for these documents as business records. He further contends that Exhibits 212 and 216 were never authenticated.

Indiana Planned Parenthood Affiliates Ass'n v. Pearson

716 F.2d 1127 · Court of Appeals for the Seventh Circuit · Aug 26, 1983

Third, the nature of these cases is such that one cannot assume that attorneys will volunteer to represent minors at the hearings even for clearly meritorious cases. … Those minors would qualify as indigent because, as far as their access to money is concerned, they are indigent.

United States v. Hussein

664 F.3d 155 · Court of Appeals for the Seventh Circuit · Dec 13, 2011

Through a surrogate Hussein opened a third store and even attempted to qualify an ineligible restau- rant. … In fact, every cent of the $228,497 in LINK receipts at Spot Chicken was necessarily fraudulent because that establishment had been denied authorization to accept food stamps.

United States v. Plescia

48 F.3d 1452 · Court of Appeals for the Seventh Circuit · Apr 19, 1995

This court will not reverse a sentence unless it is based on a clearly erroneous drug volume. United States v. … The jury and the trial judge are best qualified to judge the credibility of witnesses appearing before them.

Federal Trade Commission v. Bay Area Business Council, Inc.

423 F.3d 627 · Court of Appeals for the Seventh Circuit · Aug 25, 2005

Section 310.3(a)(1)(i) requires telemarketers to clearly and conspicuously disclose “[t]he total costs to purchase, receive, or use . . . any goods and services” offered for sale. 16 C.F.R. § 310.3(a)(1)(i). … We need not linger on the obvious point that the lack of any available credit on the “MasterCard” qualifies as a material aspect of its performance subject to disclosure. Cf.

Abraham Lincoln Memorial Hospital v. Sebelius

698 F.3d 536 · Court of Appeals for the Seventh Circuit · Oct 16, 2012

The Decision did not establish a new rule that fails to comply with the APA The Hospitals’ final contention on appeal is that the Decision must be set aside because it establishes a new substantive legal standard for … Even if it had, however, we find that the Decision properly qualifies as an adjudication and therefore the Secretary was not required to follow the APA’s notice and opportunity for comment requirements.

Evers v. Astrue

536 F.3d 651 · Court of Appeals for the Seventh Circuit · Jul 31, 2008

It is well-established that “ ‘a precisely drawn, detailed statute preempts more general remedies.’ ” Hinck v. United States, — U.S. -, 127 S.Ct. 2011, 2015 , 167 L.Ed.2d 888 (2007) (quoting EC Term of Years Trust v. … This is clearly a claim “in connection with” the procurement of SSA contracts.

United States v. Serfling

504 F.3d 672 · Court of Appeals for the Seventh Circuit · Oct 5, 2007

Serfling has not met his burden of establishing such a probability. See United States v. Eberhart, 434 F.3d 935, 939 (7th Cir.2006). … The uncritical reliance on the government’s characterization of the documents as “not relevant” hardly qualifies as reasonable diligence. See United States v.

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.

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.

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.

Doe v. University of Illinois

138 F.3d 653 · Court of Appeals for the Seventh Circuit · Mar 3, 1998

But only those remedial actions which clearly evidence intentional discrimination are actionable under Title IX. See Smith v. Metropolitan Sch. Dist., 128 F.3d 1014 , 1028 (7th Cir.1997). … As we all know, public school systems can pick and choose to employ whomever they wish as teachers and "filter out” any applicants with histories of sexual misconduct, while on the other hand they must educate every qualified

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

United States v. Jubali Stokes

Court of Appeals for the Seventh Circuit · Nov 6, 2009

. § 851(c), and his counsel correctly conceded at sentencing that the conviction “clearly is a felony in Illinois, and it clearly is punishable under Illinois [law] by more than one year.”   … Regardless, the argument is frivolous because a drug offense need only be punishable by imprisonment for more than one year to qualify as a felony, 21 U.S.C. § 802(44); Burgess v. United States, 128 S. 

0sageide, Johnbull v. United States

Court of Appeals for the Seventh Circuit · Sep 9, 2008

Counsel’s duty to know the applicable law, at least when it matters to his client’s defense, has been clearly established by Strickland and its progeny. … Thus, it was clearly established across the country that either the Vienna Convention created individual rights or courts would proceed as if it did.9 We also believe that an Illinois lawyer, in particular, would have known

United States v. Fleming

677 F.2d 602 · Court of Appeals for the Seventh Circuit · May 10, 1982

There the search of a 200-pound footlocker, more than an hour after it had been taken from a car’s trunk and also after defendants had been locked in jail cells, was too remote in time and space from the initial arrest to qualify … They clearly were.

Landau & Cleary, Ltd. v. Hribar Trucking, Inc., a Wisconsin Corporation, and Leo Hribar

867 F.2d 996 · Court of Appeals for the Seventh Circuit · Jan 31, 1989

The federal court established the term of the bond and granted a temporary stay of enforcement on December 20, 1985. … Hribar’s motion for recoupment clearly is not a motion pursuant to Fed.R. Civ.P. 60(b).

Bankruptcy Estate of Santoasha Harris v. City of Milwaukee

Court of Appeals for the Seventh Circuit · Jul 24, 2025

“[A] wide variety of actions, some blatant and some subtle, can qualify.” Id. … The threat of an assignment to duties so clearly outlined in Harris’s job de- scription cannot constitute a tangible employment action.

Richard Graff v. City of Chicago, an Illinois Corporation

9 F.3d 1309 · Court of Appeals for the Seventh Circuit · Nov 24, 1993

I concur in the judgment of the majority but write separately to emphasize my belief that the erection and maintenance of newspaper stands qualifies as “conduct commonly associated with expression.” City of Lakewood v. … This is clearly not the sort of review Freedman envisioned.