Case law

Moore v. Federal Bureau of Investigation

366 F. App'x 659 · Court of Appeals for the Seventh Circuit · Feb 17, 2010

anti-government book-writing during the same time frame; and (5) records from 1995 through 2006 concerning statements that four particular women may have made about him to the FBI or the Rockford police in exchange for immunity … judgment, we apply a different standard when reviewing a FOIA case resolved on summary judgment: We ask whether the district court had a sufficient factual basis for its ruling and, if so, whether the court’s decision was clearly

Vette v. Giles

281 F. 928 · Court of Appeals for the Seventh Circuit · Jan 12, 1922

mistaken, because the law under which they attempted so to qualify had been repealed before their organization was completed, certificate filed, and business begun, and they did not comply with the new act, either in the … While these proceedings will in no wise interfere with any creditor of the alleged bankrupt undertaking to establish elsewhere or otherwise liability to him of any or all of petitioners by virtue of section 16 of the Uniform

Melvin M. Aman v. Federal Aviation Administration

856 F.2d 946 · Court of Appeals for the Seventh Circuit · Nov 29, 1988

loss of experienced pilots to the airlines because of retirements mandated by the Age 60 rule is resulting in a shortage of pilots which is forcing the airlines to lower their standards and to hire less experienced and qualified … This deference, however, does not lighten the FAA’s burden to establish that its decision is logically connected to a sustainable reading of its mandate.

Culver, Melody J. v. Gorman & Company

Court of Appeals for the Seventh Circuit · Jul 20, 2005

This short 72-hour period clearly gives rise to an inference of suspicious timing. But this is not the only evidence of retaliation. … Culver’s undisputed refusal to answer Schroeder’s request for information appears to qualify as disobedience or defi- ance even if about a relatively trivial matter.

United Rubber, Cork, Linoleum and Plastic Workers of America, Local 798 v. Raymond J. Donovan, United States Secretary of Labor

652 F.2d 702 · Court of Appeals for the Seventh Circuit · Jun 25, 1981

To qualify for these benefits, a group of workers, their union or other authorized representative must file a petition with the Secretary for certification of eligibility to apply for adjustment assistance. … The language of the Act does not clearly compel the conclusion that a nationwide increase of imports is a sine qua non of certification, since Section 222(3) only requires the finding “that increases of imports of articles

Air Line Pilots Association, International and James F. Ritter v. Department of Aviation of the City of Chicago, City of Chicago, Eric Griggs

45 F.3d 1144 · Court of Appeals for the Seventh Circuit · Jan 27, 1995

Here, it is undisputed that the display cases fail to qualify as a traditional public forum. … Instead, the ALPA wishes to display a picture of a plane being rather clearly dismantled by workers in cranes.

Del Marcelle v. Brown County Corp.

680 F.3d 887 · Court of Appeals for the Seventh Circuit · May 17, 2012

Qualified immunity will also frequently relieve state actors of the burden of litiga- tion in this area: if discretion is broad and the rules are vague, it will be difficult to show both a violation of a constitutional right … and the clearly established nature of that right.

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. Stanley B. Robinson, Stanley B. Robinson v. United States

585 F.2d 274 · Court of Appeals for the Seventh Circuit · Jan 11, 1979

s testimony establishes that the requisite reasonable doubt has not been created. … s testimony; and further, that the documents could not be considered as qualifying as "statements of the witness."

Biggs v. Village of Dupo

892 F.2d 1298 · Court of Appeals for the Seventh Circuit · Jan 9, 1990

They made no effort to establish that defense, nor did they seek an instruction submitting it to the jury. The article also contains Mr. … While the article undoubtedly upset the Board and the Mayor, such “nominal superiors” (as the court characterized them) are not immune to criticism from employees.

Arthur L. Scaggs, Jr. v. Consolidated Rail Corporation

6 F.3d 1290 · Court of Appeals for the Seventh Circuit · Oct 12, 1993

Their opinions clearly indicated that Scaggs was malingering. Moreover, the only injuries they diagnosed were based on Scaggs’ subjective complaints of pain and stiffness. … The district granted the motion limiting admission, but qualified it by stating that Conrail’s direct surveillance could be presented. (R. 51a-b).

United States of America, Ex Rel. William Adkins v. James Greer and Attorney General of Illinois

791 F.2d 590 · Court of Appeals for the Seventh Circuit · May 27, 1986

He urges, however, that we not “extend” the rule of Harris to “Edwards violations.” 3 No “extension” is necessary, however, because Harris is clearly determinative of this case. … Jackson, 106 S.Ct. at 1406 (“Edwards established a bright-line rule to safeguard pre-existing rights....”). Thus, the rights safeguarded in Miranda and Edwards are the same and Harris should apply in both circumstances.

Miller v. Civil City Of South Bend

904 F.2d 1081 · Court of Appeals for the Seventh Circuit · May 24, 1990

There are some clearly expressive activities and some clearly nonexpressive ones but there is also a vast gray area populated by street performers who swallow swords or walk on glowing coals or guess people's ages or weights … Furthermore, in an era where sexually transmitted diseases such as Acquired Immunity Deficiency Syndrome (AIDS) are prevalent, it would seem apparent that nude dancing establishments, and their common side effects of prostitution

Great West Casualty Co. v. Nationwide Agribusiness Insurance Co.

Court of Appeals for the Seventh Circuit · Feb 11, 2026

Because the Interchange Agreement does not “clearly, explicitly, and unequivocally express the parties’ in- tention that [Deerpass Trucking] would indemnify [Conserv] against [Conserv’s] own negligence,” it does not qualify … We agree with the district court and Nationwide that the facts of Truck Insurance Exchange are markedly different from the facts here, where there is no comparable lease that inde- pendently establishes the insurers’ priority

Carl Gallo v. Adrian Feinerman

Court of Appeals for the Seventh Circuit · Nov 4, 2010

It would therefore not be possible for Gallo to establish the mental state required by Farmer, the court concluded. Gallo disputes that conclusion on appeal. … Whether limitations in the formulary could support a defense of qualified immunity also may be an issue on remand. Cf. Gil v. Reed, 381 F.3d 649, 663 n.3 (7th Cir. 2004).

The Bendix Corporation v. Balax, Inc.

421 F.2d 809 · Court of Appeals for the Seventh Circuit · Mar 9, 1970

The claims clearly profess to patent a particular article of a particular shape, disposition and arrangement. They also clearly indicate how such particular shape, disposition and arrangement is to be determined. … The court specifically found there was not sufficient testimony to establish the existence of a joint venture which plaintiff now urges as the basis for the required confidential relationship.

Terrance O'Brien v. Town of Caledonia, Town of Caledonia Fire and Police Committee, and Gerd Hodermann, Chief of Police, Town of Caledonia

748 F.2d 403 · Court of Appeals for the Seventh Circuit · Nov 8, 1984

The Chief of Police shall establish policies concerning dissemination of information to representatives of the media. 5. Revealing Name of Complainant. … Those rules clearly prohibit all criticism of the Department regardless of the context, forum, or public interest involved.

Deep Welding, Inc. v. Sciaky Bros., Inc.

417 F.2d 1227 · Court of Appeals for the Seventh Circuit · Nov 24, 1969

Defendant asserted as affirmative defenses the invalidity of the patent, laches, and unclean hands (allegedly resulting from the establishment of a limited monopoly in unpatented electron beam welding machines by a parent … We adhere to the salutary rule that, except in most unusual circumstances, determinations made by an agency relying on its expertise in a field in which it is uniquely qualified should not be disturbed.

Polish American Congress v. Federal Communications Commission

520 F.2d 1248 · Court of Appeals for the Seventh Circuit · Jul 23, 1975

To qualify under the Commission's rule, the attack must reflect upon the 'honesty, character, integrity or like personal qualities' of a person or group, and not merely reflect upon ability, knowledge or like intellectual … Nevertheless, we need not rely on petitioners' failure to state the issue clearly, because the Commission was correct in ruling that ABC did not overstep its discretion in failing to find a controversial issue of public importance

Kent Kutsugeras v. Avco Corporation

973 F.2d 1341 · Court of Appeals for the Seventh Circuit · Sep 1, 1992

AVCO argues that this two-tier verdict form illegitimately splits Kutsugeras' single cause of action into two claims, thereby immunizing him from responsibility for his enhanced injuries. … It takes no great intellectual leap to see that Farrell, if applicable to the instant case, clearly determines that the two-tier verdict form is permissible.