Case law

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.

Claude Wardle, Sr. v. Central States, Southeast and Southwest Areas Pension Fund

627 F.2d 820 · Court of Appeals for the Seventh Circuit · Aug 14, 1980

Illinois courts clearly have considered it. See 17 Ill.Law & Prac., Employment § 4, at 373 (1956). 12 . … his application had been denied because he was self-employed while working for Purcell and Lovelace, the letters arguably did not set forth the reasoning behind the decision or the type of information necessary for him to qualify

Campbell v. Nordco Products

629 F.2d 1258 · Court of Appeals for the Seventh Circuit · Sep 3, 1980

While clearly plaintiff's expert and defendants' expert disagreed completely as to the cause of malfunction of the limit switch, the jury was entitled to consider and credit the testimony of defendants' expert, Professor … a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified

Keith B. Canaan v. Daniel R. McBride Warden

395 F.3d 376 · Court of Appeals for the Seventh Circuit · Mar 11, 2005

Ordinarily, § 2254(d) requires that we determine whether the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court,” or “was … This language suggests that the Indiana Supreme Court’s disposition of Canaan’s claim on the ground that it was decided adversely to him on direct appeal should qualify as an “adjudication on the merits” and therefore trigger

Eugene Lysiak v. Town of Lowell, Indiana

27 F.3d 569 · Court of Appeals for the Seventh Circuit · Aug 12, 1994

The officers clearly had probable cause to arrest Lysiak for criminal trespass because the certified court documents established that Anthoula Noerenberg was lawfully in possession of the property, and Lysiak provided no … immunity because their decision to arrest Lysiak was reasonable even if mistaken.

United States v. Adkins, Asher

Court of Appeals for the Seventh Circuit · Dec 13, 2001

The term "use," Bailey established authoritatively, means active use, not passive availability. … Adkins did not raise this issue at his sentencing hearing in January 2000, despite the fact that Apprendi was clearly on the horizon by that time, see Nance, 236 F.3d at 823- 24, and so, as in Bjorkman, Martinez, and Nance

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.

Victor D. Quilici, Robert Stengl, George L. Reichert, and Robert E. Metler v. Village of Morton Grove

695 F.2d 261 · Court of Appeals for the Seventh Circuit · Dec 10, 1982

Due to difficulties in enforcement and the need for statewide uniformity, many states have passed legislation requiring the immunization of school age children against contagious diseases. … Morton Grove may prohibit handgun possession; clearly, Foster’s view was that handgun possession was a matter of statewide concern best addressed by state legislation.

Kenneth Harper v. C.R. England, Inc

687 F.3d 297 · Court of Appeals for the Seventh Circuit · Jun 8, 2012

Lucent Techs., Inc., 323 F.3d 524, 531 (7th Cir. 2003) (stating that an employee’s termina- tion “certainly qualifies as an adverse employment ac- tion”).31 31 On appeal, Mr. … As we already have noted, an issue of fact clearly exists as to whether Mr. Harper had exceeded his authorized number of leave days and whether C.R.

Jones, Glenn E. v. Union Pacific

Court of Appeals for the Seventh Circuit · Sep 10, 2002

Jones clearly meets parts one (he is a racial minority) and three (he was terminated from his job). … Next Jones asserts that pretext is evidenced by the fact that what he did does not qualify as insubordination or quarreling under the employee policy, therefore Union Pacific’s proffered reasons for firing him are false.

Davidson v. Canteen Corporation

957 F.2d 1404 · Court of Appeals for the Seventh Circuit · Mar 18, 1992

In 1985 Canteen established a retirement plan covered by ERISA ("the plan"). … a retirement plan to deprive some of the plan's participants of a benefit they were promised, when advance notice of that amendment would have allowed them to prevent injury from the amendment, is exactly what § 204(h) clearly

McCoy v. Maytag Corp.

495 F.3d 515 · Court of Appeals for the Seventh Circuit · Jul 30, 2007

McCoy’s brief does not clearly articulate upon which of the three exceptions he relies, although it appears that he is asserting the first exception because he argues that the union did not fairly represent him by declining … have been futile for him to file a grievance because both Maytag and union representative Jones misinterpreted the CBA as requiring him to file a medical update every thirty days, despite the fact that his injury did not qualify

Eric Rothner D/B/A Chicago Game Co., and D/B/A Bell Vending, Inc. v. City of Chicago, a Municipal Corporation

879 F.2d 1402 · Court of Appeals for the Seventh Circuit · Jul 5, 1989

Here, the City’s established policy is to “litigate all constitutional matters in federal court.” … Viewed in light of its established policy, the City’s willingness to litigate the challenged ordinance’s constitutionality before Judge Green clearly demonstrates an intent to waive the right to remove.

D.S.A. v. Circuit Court Branch 1, Rock County Juvenile Probation Department, John Whitcomb and Donald Hanaway

942 F.2d 1143 · Court of Appeals for the Seventh Circuit · Sep 5, 1991

General principles The basic principles that govern the issue of mootness 2 are well established. In Carafas v. … The trial court certainly committed no constitutional *1153 error by refusing to inquire into evidence that clearly could not form the basis for a new trial.

Khalid Faiz-Mohammad v. John D. Ashcroft, United States Attorney General

395 F.3d 799 · Court of Appeals for the Seventh Circuit · Jan 26, 2005

Faiz-Mohammad “had failed to establish that extreme hardship would be imposed on a qualifying relative.” A.R. 22. Mr. Faiz-Mohammad appealed this decision to the Administrative Appeals Office (“AAO”) of the INS. … Landgraf established a two-part inquiry to determine whether a statute is retroactive.

Wisconsin v. Stockbridge-Munsee Community

554 F.3d 657 · Court of Appeals for the Seventh Circuit · Jan 20, 2009

The Tribe, on the other hand, maintained that the reservation remained completely intact because Congress never clearly demonstrated its intent to shrink or extinguish it in either 1871 or 1906, a position reiterated by the … That Pine Hills, with a WSGA rating of 72.3 and a slope of 132, is a premier course in Sheboygan that recently hosted qualifying rounds for both the United States Open and the United States Senior Open championships. [2]

United States of America Ex Rel. William Witherspoon v. Richard Ogilvie, Etc., United States of America Ex Rel. William Witherspoon v. Richard B. Ogilvie, Etc., United States of America Ex Rel. William Witherspoon, Relator-Cross-Appellant v. Richard Ogilvie, Etc., Respondents-Cross-Appellees

337 F.2d 427 · Court of Appeals for the Seventh Circuit · Sep 28, 1964

In this connection he urges the record establishes that the confession was coerced; that the state court trial judge used a constitutionally impermissible standard in its instruction to the jury concerning the jury's consideration … It was addressed to the prosecutor and the reference to appellate review was qualified by the limitation 'if it gets that far'.

Shepherd v. Slater Steels Corp.

168 F.3d 998 · Court of Appeals for the Seventh Circuit · Feb 19, 1999

First, although Shepherd voiced the suspicion 4 at his deposition that the company’s investigation had lasted no more than two weeks, he promptly qualified his initial remark: Q. … Oncale also demonstrates that there is no singular means of establishing the discriminatory aspect of sexual harassment.

In the Matter of Herbert P. Carlson and Margaret P. Carlson, Debtors. Herbert P. Carlson and Margaret P. Carlson v. United States

126 F.3d 915 · Court of Appeals for the Seventh Circuit · Dec 2, 1997

The Carlsons presented no medical evidence establishing the nature of their son’s illness or its likely effect on those around him. … The bankruptcy court found the Carlsons possessed the resources to pay their income tax liabilities, a finding of fact we do not think erroneous at all, let alone clearly so.

George E. Hoffman & Sons, Inc. v. International Brotherhood of Teamsters

617 F.2d 1234 · Court of Appeals for the Seventh Circuit · Feb 6, 1980

Assuming that the district court intended to make such a finding, however, that finding is clearly erroneous. 15 The record clearly establishes that Barker’s demands, although apparently triggered by the sale of the five … Such a view of the facts was clearly erroneous, in light of the evidence summarized above and the NLRB’s contrary finding. A violation of § 8(b)(4)(D) was therefore established. IV.