Case law

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.

Hack v. American Surety Co. of New York

96 F.2d 939 · Court of Appeals for the Seventh Circuit · Apr 26, 1938

The bond had numerous other provisions which qualified and avoided liability. This bond was approved by the directors and filed with the state. It was renewed three times. … We are not required to absolutely fix the exact date, but do hold that a date earlier than October 27, 1930 (the closing of the bank) could not be established as the date the fraud of the officers could have been discovered

Fed. Sec. L. Rep. P 95,887 Sundstrand Corporation v. Sun Chemical Corporation

553 F.2d 1033 · Court of Appeals for the Seventh Circuit · Apr 18, 1977

Under Holdsworth , that is sufficient to establish a causal connection between the misrepresentations and omissions and Sundstrand’s injury. … Indeed, Meers found out that the computer unit CPU-46 had still not been qualified with the government, a condition precedent for additional government contracts for that product.

Banas v. American Airlines

969 F.2d 477 · Court of Appeals for the Seventh Circuit · Jul 29, 1992

Plaintiff also, listed as separate classes those females who would have qualified for one of the above classes but for the fact that their employment was terminated on or after 180 days prior to the filing of Bañas’ charge … When an employer acts in a discrete fashion, such as failing to hire or discharging a protected individual, this discrete act clearly triggers the running of the limitations period.

Frank Daniels, Cross-Appellant v. Pipefitters' Association Local Union No. 597, Cross-Appellee

945 F.2d 906 · Court of Appeals for the Seventh Circuit · Oct 30, 1991

Patterson narrowed § 1981 by limiting the applicability of the statute to specific types of conduct; it did not bestow immunity on certain discriminatory actors. … However, in the seminal case establishing the modern contours of the duty, Vaca v.

Mary Decker Slaney v. The International Amateur Athletic Federation and the United States Olympic Committee

244 F.3d 580 · Court of Appeals for the Seventh Circuit · Mar 27, 2001

A court of appeals reviews a district court’s decision confirming an arbitration award under ordinary standards: accepting findings of fact that are not clearly erroneous and deciding questions of law de novo. … Because the IOC has promulgated a drug testing program, the USOC administers that program in the United States for all qualifying competitions for the Olympic Games. 2 .

The United States of America v. White Bear Brewing Co., Inc., and Chicago Title and Trust Company as Trustee

227 F.2d 359 · Court of Appeals for the Seventh Circuit · Nov 18, 1955

any mortgagee, pledgee, purchaser, or judgment creditor * * * ” the Supreme Court has construed § 3672 to also mean that a lienholder (other than one arising through § 3670) who has not perfected his lien thus fails in qualifying … Clearly, these two liens simply had different periods of gestation.

United States v. Miriam Santos

201 F.3d 953 · Court of Appeals for the Seventh Circuit · Jan 19, 2000

United States, supra, 119 S.Ct. at 1833 , contain language that, consistent with the limited and qualified nature of the right to counsel of one’s choice, see, e.g., Wheat v. … This ruling was clearly incorrect. Businesses have incentives to keep" accurate records germane to their business, and so the material contained in those records is more likely to be truthful than the average hearsay.

Steven Menzies v. Seyfarth Shaw LLP

943 F.3d 328 · Court of Appeals for the Seventh Circuit · Nov 12, 2019

Menzies is right that he pleaded enough to support a con- clusion that what Sydney Ferenc experienced qualifies as a predicate act of racketeering activity for pattern purposes. … He clearly has and indeed he uses those precise allegations of fraud as the basis for his state law claims against the defend- ants.

Anthony Martin v. George Nicklow

499 F. App'x 569 · Court of Appeals for the Seventh Circuit · Jan 23, 2013

Westphal, 78 F.3d 1252, 1257 (7th Cir. 1996) (“[B]eing a pro se litigant does not give a party unbridled license to disregard clearly communicated court orders.”). … Trial judges have broad discretion in establishing the procedures for jury selection, Griffin, 694 F.3d at 821, and we see no basis to conclude that the judge abused her discretion by enforcing her own clearly stated rule

Uwase, Jeannette v. Ashcroft, John

Court of Appeals for the Seventh Circuit · Nov 21, 2003

Since it is Uwase’s burden to demonstrate she qualifies for asylum, her failure to convince the IJ of the truth of her claim doomed her case. See Krouchevski v. Ashcroft, 344 F.3d 670, 673 (7th Cir. 2003). … We note that the record, which does not include a copy of the Form I-20 in question, does not establish who filled out the form, just that Uwase signed it.

Robert W. Boyle, of the Estate of Myra W. Boyle, Deceased, Plaintiff v. United States

710 F.2d 1251 · Court of Appeals for the Seventh Circuit · Oct 11, 1983

Therefore, we conclude that under Rohrabaugh, Boyle qualifies for a refund of the penalty. 16 The government's alternative argument is that we should overrule Rohrabaugh because it conflicts with United States v. … The burden of establishing that the failure to file a return was due to reasonable cause is upon the taxpayer.

Bruce Webster v. T. Watson

Court of Appeals for the Seventh Circuit · Sep 22, 2020

But Webster need only exhibit a deficiency in one do- main (not all three)—a point the government agrees with— and the district court’s conclusion that he did so is not clearly wrong. … Webster’s adaptive deficits show most clearly in the con- ceptual domain.

Teresa Graves v. St. Joseph County Health Depar

Court of Appeals for the Seventh Circuit · Apr 15, 2013

The court further concluded, as to Graves’s retaliation claim, that the timing of her discharge and the grievance she filed a year earlier could not establish a causal link between the two events.  … But to demonstrate pretext, Graves would have to show that reasonable persons could not dispute that she was clearly the better‐qualified candidate for the position. See Mlynczak v. 

Fed. Sec. L. Rep. P 97,859 Wendee Henricksen v. George Henricksen and Smith Barney, Harris, Upham & Co., Inc.

640 F.2d 880 · Court of Appeals for the Seventh Circuit · Feb 6, 1981

Wendee, whose annual income was less than $5,000 annually, was therefore not a qualified options investor. … The foregoing summary of the record clearly establishes a lack of reasonably diligent enforcement of internal supervisory rules.

Eric Jelinek v. Thomas Roth, Kenneth L. McGinnis Diane Jockish

33 F.3d 56 · Court of Appeals for the Seventh Circuit · Aug 19, 1994

from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights. … Under Rule 12(b)(6), dismissal is appropriate only if the plaintiff can establish no set of facts upon which relief may be granted.

Sarah Lieberman v. Joseph Califano, Secretary of the Department of Health, Education and Welfare

592 F.2d 986 · Court of Appeals for the Seventh Circuit · Feb 20, 1979

To qualify for child disability payments, claimant is required also to prove that she satisfied both these criteria of eligibility prior to the critical age, which was 18 at the time of the first administrative hearing. 15 … Weinberger, 497 F.2d 1092 (7th Cir. 1974), in which I dissented, but in which the majority speaking through then Judge Stevens clearly established that records of diagnosis did not have to have been made prior to the pertinent

United States v. Sielaff

563 F.2d 821 · Court of Appeals for the Seventh Circuit · Oct 6, 1977

Each of these was clearly and specifically required by Morrissey. Id. at 489 , 92 S.Ct. 2593 . … was not put to him 6 At oral argument, counsel for Sims conceded that this latter suggestion, to some extent at least, was representative of the "brief writer's hyperbole" syndrome 7 Illinois Supreme Court Rule 711 allows qualified