Case law

Zimmerman v. Chicago Board Of Trade

360 F.3d 612 · Court of Appeals for the Seventh Circuit · Feb 9, 2004

Establish for once and all the economic parameters of futures market pricing as it relates to the underlying cash market. 17 2. … Rescuing the shorts and punishing the long 57 The plaintiffs attempt to establish that the CBOT's dominant motives were "improper."

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.

Estate of Moreland Ex Rel. Moreland v. Dieter

395 F.3d 747 · Court of Appeals for the Seventh Circuit · Jan 14, 2005

To throw a man’s head against concrete when he is handcuffed and presents no threat is clearly excessive and malicious. … But the number of pepper spray incidents, without more, does not establish that pepper spray was being routinely misused or that the jail’s OC-10 policy was being violated.

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).

Eidson v. Pierce

745 F.2d 453 · Court of Appeals for the Seventh Circuit · Sep 24, 1984

A hearing in Davis could establish entitlement; a hearing for these plaintiffs could not. … The fact that an applicant qualifies for program benefits does not mean that *463 he/she is a suitable Tenant. Owners may consider the following factors when screening applicants.

United Independent Flight Officers, Inc. v. United Air Lines, Inc., & Air Line Pilots Association, International

756 F.2d 1262 · Court of Appeals for the Seventh Circuit · Jan 29, 1985

Mitchell, 451 U.S. 56, 70-71 , 101 S.Ct. 1559, 1567-68 , 67 L.Ed.2d 732 (1981), and concluded that in establishing the six month 10(b) limit Congress established a limitations period attuned to what it viewed as the proper … This is clearly incorrect, for the question whether a union is a fiduciary within the meaning of ERI-SA while negotiating benefits in a pension plan is a question of law not of fact. 7 .

Daniel S. W. Kelly and Constance L. Kelly v. Commissioner of Internal Revenue

440 F.2d 307 · Court of Appeals for the Seventh Circuit · Mar 18, 1971

The regulation does clearly state that an establishment which is regularly so engaged shall be considered an institution, but it does not state that only such an establishment may ever be an 'institution' within the meaning … The hotel in the case before us provided no care, but ordinary hotel service, and the amount paid to it for meals and lodging does not seem to me to qualify under the regulation.

FTC v. Credit Bureau Center, LLC

Court of Appeals for the Seventh Circuit · Aug 21, 2019

The service Brown provided in exchange for the subscription is clearly a material term. … But more than rhetoric is needed to establish that point.

FTC v. Credit Bureau Center, LLC

Court of Appeals for the Seventh Circuit · Aug 21, 2019

The service Brown provided in exchange for the subscription is clearly a material term. … But more than rhetoric is needed to establish that point.

FTC v. Credit Bureau Center, LLC

Court of Appeals for the Seventh Circuit · Aug 21, 2019

The service Brown provided in exchange for the subscription is clearly a material term. … But more than rhetoric is needed to establish that point.

Liquid Air Corp. v. Rogers

834 F.2d 1297 · Court of Appeals for the Seventh Circuit · Nov 13, 1987

We noted in Haroco that the language of subsection (c) clearly envisioned that the “person” (employee) and “enterprise” (employer) be different entities. Accord Petro-Tech, Inc. v. Western Co. of N. … Alexander was Liquid Air’s comptroller and testified to the fair market value of the cylinders as a basis for the jury’s award on the conversion count. 6 Defendants argue that Alexander was not sufficiently qualified to give

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

General Service v. NLRB

Court of Appeals for the Seventh Circuit · Oct 16, 2000

The Act clearly describes the certification process, and in so doing it provides the kind of context for understanding section 9(b)(3) that the Supreme Court called for in Brown & Williamson. … To qualify for section 7 and section 8 protections, a union must simply be a "representative[ ] of [the] employees." 29 U.S.C. sec. 158(a)(5).

Sur v. Glidden-Durkee

681 F.2d 490 · Court of Appeals for the Seventh Circuit · Jun 21, 1982

Examining the conversion provision, we note first that it states that an individual policy is available “subject to established rules,” but gives no clear indication what the “established rules” might be, or even what they … Certainly there is no indication that one of the “established rules” is that Major Medical insurance cannot be converted.

LHO Chicago River, L.L.C. v. Rosemoor Suites, LLC

988 F.3d 962 · Court of Appeals for the Seventh Circuit · Feb 19, 2021

Platinum Financial Group, Inc., 149 F.3d 722 (7th Cir. 1998), in which we affirmed the district court’s finding that the plaintiff failed to establish secondary meaning for its descriptive mark. … The district court consid- ered the evidence under the Octane Fitness framework and reasonably determined that this case did not qualify as excep- tional.

Johnnie Savory v. William Cannon, Sr.

947 F.3d 409 · Court of Appeals for the Seventh Circuit · Jan 7, 2020

But we also asserted that Muham- mad and DeWalt established that: the doctrine of Heck and Edwards [v. … We would not, for example, have adopted the rule that judicial officers have ab- solute immunity from liability for damages under §1983, Pierson v.

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.

United Phosphorus, Ltd. v. Angus Chemical Co.

322 F.3d 942 · Court of Appeals for the Seventh Circuit · Mar 10, 2003

That being the case, we must determine whether the court’s findings of fact are clearly erroneous. … For all these reasons as well, it is prefer- able to treat the FTAIA as establishing an element of the claim.

Douglas, Douglas v. Hugh Stallings

870 F.2d 1242 · Court of Appeals for the Seventh Circuit · Mar 13, 1989

The statute of limitations establishes a shorter period of limitations by reducing the age of majority to six years, beginning the limitations period with the occurrence of the injury rather than its discovery, and abandoning … This section applies to all persons regardless of minority or other legal disability. 4 Indiana qualifies persons under the age of eighteen years, of unsound mind, or absent from the United States as being under legal disability

E & L Transport Company v. National Labor Relations Board

85 F.3d 1258 · Court of Appeals for the Seventh Circuit · Jun 5, 1996

An individual need not meet all of the criteria listed in § 152(11) in order to qualify as a "supervisor." … The Board has created a different rule for individuals who are normally rank-and-file employees, but who by virtue of substituting for statutory supervisors occasionally exercise supervisory authority: "[I]t is clearly established