Case law

United States v. Bernard M. Peskin

527 F.2d 71 · Court of Appeals for the Seventh Circuit · Mar 8, 1976

This argument is clearly without merit. The indictment informed defendant of the offense charged. It alleged that he, and others, wilfully did cause Stulberg to travel. There was nothing misleading about the charge. … In September Earl Deutsch was granted immunity and agreed to testify concerning the firm’s checks to attorneys ostensibly in payment for services, but actually to generate cash for Peskin.

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. Warren Barr, III

960 F.3d 906 · Court of Appeals for the Seventh Circuit · May 26, 2020

And in doing so, we “will uphold a district court’s factual findings about the exist- ence of a fair or just reason to withdraw the plea unless they are clearly erroneous.” United States v. … Nor does this conduct establish personal bias or prejudice under § 455(b)(1). Judge Norgle did interrupt Barr’s counsel during his sentencing argument.

United States v. David A. Resnick

823 F.3d 888 · Court of Appeals for the Seventh Circuit · May 4, 2016

In order to qualify as “plain error,” the  error  must  be  plain  and  “affect[]  substantial  rights.”  United  States v. Olano, 507 U.S. 725, 732 (1993) (quoting FED. R. CRIM.  P.  52(b)).  … More disturb- ingly, it implies that a court may ignore a criminal defendant’s clearly established rights if the evidence against him is strong enough.

Webb v. City of Chester

813 F.2d 824 · Court of Appeals for the Seventh Circuit · Mar 6, 1987

A successful section 1983 claim requires plaintiff to prove (1) defendants acted under color of state law, (2) defendants’ actions deprived plaintiff of her rights, privileges, or immunities guaranteed by the Constitution … Plaintiff here established the elements necessary to making out a prima facie case of sex discrimination under section 1983.

Boland v. Engle

113 F.3d 706 · Court of Appeals for the Seventh Circuit · May 12, 1997

Indiana clearly encourages shareholders to make demand before bringing derivative lawsuits. … Boland argues that the defendants waived their right to establish a disinterested committee once they moved to dismiss this action. Appellant’s Reply Br. at 13 n. 9.

Watkins v. Trans Union, LLC

869 F.3d 514 · Court of Appeals for the Seventh Circuit · Aug 22, 2017

But there is a qualifier. … The information exchanged in these communications is clearly confidential. We have no nonspeculative basis to declare it irrelevant or obsolete. Quite the contrary.

William Horton v. Miller Chemical Co., Inc.

776 F.2d 1351 · Court of Appeals for the Seventh Circuit · Nov 27, 1985

He first observed that the plaintiff had presented three theories for relief: wrongful discharge, refusal to rehire, and failure to rehire in another job for which he was qualified. … Proceeding with the application of the Pedrick test to the facts of this ease, it is clear that the plaintiff established that he was discharged.

South East Lake View Neighbors v. Department of Housing and Urban Development, Sheldon Baskin, Intervening

685 F.2d 1027 · Court of Appeals for the Seventh Circuit · Jul 28, 1982

These allegations clearly satisfy the injury in fact test of the standing doctrine. … The plaintiffs alleged only that their personal right that the government adhere to the Establishment Clause had been offended.

United States v. Guy J. Westmoreland

240 F.3d 618 · Court of Appeals for the Seventh Circuit · Feb 15, 2001

Thus, because the following statements illustrate Abeln’s knowledge of the conspiracy and the acts committed in furtherance of the conspiracy, they qualify as statements against interest: Westmoreland had the drug connection … Section 841(b), entitled “Penalties,” establishes several statutory máximums depending on the drug type and quantity involved in the crime.

Grieveson v. Anderson

538 F.3d 763 · Court of Appeals for the Seventh Circuit · Aug 18, 2008

The evidence presented by Grieveson respecting the sixth assault establishes a genuine issue of material fact on both prongs of the deliberate indifference inquiry. … We recently considered what qualifies as “verifying medical evidence” in Williams v. Liefer: Clearly, expert testimony that the plaintiff suffered because of a delay in treatment would satisfy the requirement.

Broadview Lumber Co., Inc., Plaintiff-Appellant-Cross-Appellee v. United States of America, Defendant-Appellee-Cross-Appellant. Broadview Lumber Co., Inc., Successor-In-Interest by Statutory Merger to Allen County Lumber Co., Inc., Plaintiff-Appellant-Cross-Appellee v. United States of America, Defendant-Appellee-Cross-Appellant

561 F.2d 698 · Court of Appeals for the Seventh Circuit · Aug 29, 1977

parent-subsidiary corporations under subsection (2) is deemed to be a contribution to capital of the acquiring corporation. 14 Although the parenthetical references in the title and in the first sentence of subsection (1) seem to clearly … S.Rep.No.1622, 83d Cong., 2d Sess. (1954), (1954) U.S.Code Cong. & Admin.News 4621, 4679. 69 As the Tax Court has recognized, Congress has established few guidelines for analysis of integrated or step-up transactions.

Wright-Moore Corporation, Cross-Appellee v. Ricoh Corporation, Cross-Appellant

908 F.2d 128 · Court of Appeals for the Seventh Circuit · Aug 28, 1990

Wright-Moore clearly meets this standard. Finally, Ricoh contends that Wright-Moore did not pay a franchise fee. … No Indiana court has applied a contractual choice of law provision to an entity that would, under Indiana law, qualify as a franchise.

Wiesmueller v. Kosobucki

571 F.3d 699 · Court of Appeals for the Seventh Circuit · Jul 9, 2009

Indeed, so far as appears, every class member could establish that his or her law school studies conformed to the requirements set forth in the rule except that the law school was in another state. … R. 40.02, which sets forth the qualifications for admission to practice in Wisconsin, including those applicable to persons who do not qualify for the diploma privilege. And this is further shown by Rule 40.02(2).

United States of America Ex Rel. Robert E. Lee v. Mary Flannigan, Administrator of the Menard Psychiatric Center

884 F.2d 945 · Court of Appeals for the Seventh Circuit · Oct 23, 1989

When Lee’s counsel questioned him at trial, however, Detective Stachula made it clear that Larson never qualified his identification of Lee with the word “appear.” … The application of these factors to the facts before us establishes that there was not a substantial likelihood of irreparable misidentification.

Robert Brown v. City of Michigan City, Indiana

462 F.3d 720 · Court of Appeals for the Seventh Circuit · Sep 5, 2006

Wells, 335 F.3d 668 , 674 (7th Cir.2003) (holding that, to establish a constitutionally protectable property interest, the plaintiff must establish that his interest is “more than de minimis, which typically calls on the … Davis, the Court held, however, that stigma alone does not establish the deprivation of a constitutionally protectable liberty interest; instead, the plaintiff also must establish the alteration of legal status.

Harrison v. Indiana Auto Shredders Company

528 F.2d 1107 · Court of Appeals for the Seventh Circuit · Jan 8, 1976

If necessary, the courts are qualified to perform the task. 21 The courts are skilled at 'balancing the equities,' a technique that traditionally has been one of the judicial functions. … This finding is, therefore, clearly erroneous.

United States v. Mayes, Stephen L.

Court of Appeals for the Seventh Circuit · Jun 8, 2004

It qualified Moore and Ra- 12 Nos. 03-1245, 03-1246, 03-1266, 03-1283 & 03-1586 phael for life sentences. … We cannot say that this finding was clearly erroneous.

United States v. Joseph Donaldson, Also Known as John Ray Donaldson

978 F.2d 381 · Court of Appeals for the Seventh Circuit · Oct 28, 1992

The defendant must first establish that the identification procedure was unnecessarily suggestive. … We will not overturn a trial court’s denial of a motion to suppress unless it is clearly erroneous. United States v. Henry, 933 F.2d 553, 556 (7th Cir.1991), (citing United States v.

United States v. Inglese, Brian L.

Court of Appeals for the Seventh Circuit · Mar 8, 2002

At trial, Inglese and Baumhardt clearly claimed that they did not know that the police officers and Webb engaged in straw purchases. … Deliberate ignorance may be established by "overt, physical acts as well as by purely psychological avoidance, a cutting off of one’s normal curiosity by an effort of will."