Case law

United States v. Felix-Felix, Francis

Court of Appeals for the Seventh Circuit · Dec 27, 2001

The fact that he was being questioned by police at the time is no basis for establishing involuntariness. See United States v. … On appeal, Francisco argues that he was clearly less responsible than Guadalupe since it was Guadalupe who drove the van to the meeting site to deliver the narcotics.

United States of America, Ex Rel. Paula Gray v. Director, Department of Corrections, State of Illinois

721 F.2d 586 · Court of Appeals for the Seventh Circuit · Mar 26, 1984

An independent, conflict-free, competent attorney for Paula would at this point have carefully considered continued cooperation with the State as a means of avoiding any prosecution of her; or an immunity agreement with the … We believe that the actual conflict between Paula and Williams clearly appears on the face of the record.

6 Fair empl.prac.cas. 469, 6 Empl. Prac. Dec. P 8825 Motorola, Inc. v. Elmer W. McLain Regional Director, Equal Employment Opportunity Commission of the United States

484 F.2d 1339 · Court of Appeals for the Seventh Circuit · Oct 2, 1973

by showing (1) that he belongs to a racial minority, (2) that he applied and was qualified for a job for which the employer was seeking applicants, (3) that despite his qualifications, he was rejected, and (4) that, after … III 53 In the Taggart case (No. 72-1748), the complainant established a prima facie case of racial discrimination by her charge and affidavit.

United States ex rel. Bilyew v. Franzen

686 F.2d 1238 · Court of Appeals for the Seventh Circuit · Aug 17, 1982

Rader’s report to the trial judge explains his competency finding more clearly: Concerning his competency to stand trial, Mr. Bilyew will obviously be at some disadvantage. … Because the evidence was very close, there clearly is such a reasonable possibility. Four experts examined Bilyew.

Schwager v. Schwager

109 F.2d 754 · Court of Appeals for the Seventh Circuit · Feb 9, 1940

No doubt there is a thoroughly established public policy which imposes such obligation upon a husband. … The majority opinion herein, rather conclusively establishes that this restatement of the law is incorrect.

United States v. Razaq K. Owolabi

69 F.3d 156 · Court of Appeals for the Seventh Circuit · Oct 27, 1995

“[A] factfinder’s choice between two permissible choices cannot be clearly erroneous.” United States v. Francis, 39 F.3d 803, 812 (7th Cir.1994) (citing Anderson v. … Owolabi clearly misrepresented his status in order that he might be released on bail, and thus attempted, once again, to impede the administration of justice.

Cornell Reynolds v. Randall Hepp

Court of Appeals for the Seventh Circuit · Aug 30, 2018

The first question under § 2254(d)(1) is the scope of clearly  established  federal  law  on  a  defendant’s  Sixth Amendment  right  to  conflict‐free  counsel.  … Without  clearer  guidance  from  the  Supreme  Court, the state court decision here was not contrary to or an  unreasonable  application  of  clearly  established  Supreme  Court law. 

Cornell Reynolds v. Randall Hepp

Court of Appeals for the Seventh Circuit · Aug 30, 2018

The first question under § 2254(d)(1) is the scope of clearly  established  federal  law  on  a  defendant’s  Sixth Amendment  right  to  conflict‐free  counsel.  … Without  clearer  guidance  from  the  Supreme  Court, the state court decision here was not contrary to or an  unreasonable  application  of  clearly  established  Supreme  Court law. 

Metropolitan Housing Development Corp., Northwest Opportunity Center and Eluteria D. Maldonado, Intervening v. Village of Arlington Heights

558 F.2d 1283 · Court of Appeals for the Seventh Circuit · Aug 25, 1977

We first held that the district court’s finding that the Village’s refusal to rezone was motivated by factors unrelated to racial discrimination was not clearly erroneous. … One court has held that a violation of section 3617 can be established without first establishing a violation of sections 3603, 3604, 3605, or 3606 because to interpret section 3617 otherwise would make it superfluous.

United States v. Richard Guzzino and Robert Ciarrocchi

810 F.2d 687 · Court of Appeals for the Seventh Circuit · Jan 27, 1987

Pilotto, the intended murder victim, testified as an immunized witness. 8 He related that he had known both Guzzinos all their lives, but had not known Bounds, Sam’s former son-in-law. He described his wounds. … The evidence clearly reveals that both defendants were crucially involved in the planning, training, supplying, rehearsing, and staging of the scheme, and in Bounds’s escape after it failed.

United States v. Skidmore, Roy A.

Court of Appeals for the Seventh Circuit · Jun 19, 2001

In examining what constitutes a statement in "furtherance of a conspiracy," we have explained that a wide range of statements qualify, "includ[ing] comments designed to assist in recruiting potential members, to inform other … The government established that Skidmore and his wife visited the gun shop on numerous occasions viewing firearms with the store’s owner, William Crowder.

United States v. Morales

655 F.3d 608 · Court of Appeals for the Seventh Circuit · Aug 18, 2011

In exchange for his services, Rivera received full immunity for his activities with the Deuces, and the government relocated and compensated him. … See Emerson, 501 F.3d at 811 (mere inactivity insufficient to establish withdrawal).

Fed. Sec. L. Rep. P 94,437 Hetty Fey v. Walston & Co., Inc., and Robert A. Spira

493 F.2d 1036 · Court of Appeals for the Seventh Circuit · Mar 14, 1974

Defendant Spira contends that plaintiff’s witness Corbett did not qualify as an “expert” on the issue of “excessive trading”, and in any event, inferentially, that his testimony was incompetent or subject to objection because … The allowance of these items was not clearly erroneous. See Farmer v. Arabian American Oil Co., 379 U.S. 227, 235 , 85 S.Ct. 411 , 13 L.Ed.2d 248 (1964); W. F. & John Banes Co. v.

Broadview Lumber Co. v. United States

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

It only creates a fiction to aid determination of the amount constituting a dividend should the exchange not qualify for capital gains treatment. … As the Tax Court has recognized, Congress has established few guidelines for analysis of integrated or step-up transactions.

The Yasuda Fire & Marine Insurance Company of Europe, Ltd. v. Continental Casualty Company, a Cna Group Company, Continental Casualty Company, a Cna Group Company v. The Yasuda Fire & Marine Insurance Company of Europe, Ltd.

37 F.3d 345 · Court of Appeals for the Seventh Circuit · Oct 7, 1994

We noted in dicta, however, that "[t]his court would clearly have jurisdiction under section 1291 if the district court had confirmed the arbitrator's entire award or had partially vacated the award and enforced the remainder … Nevertheless, the arbitration panel's grant of interim relief must still qualify as an award under section 10 of the Arbitration Act for jurisdiction to lie in federal court.

United States v. William J. Scott

660 F.2d 1145 · Court of Appeals for the Seventh Circuit · Jan 18, 1982

The fund raiser seems clearly to have been for campaign purposes, and a lack of restriction on use does not establish the type of motivation essential to a nontaxable gift under Duberstein . … Wirtz testified under a grant of immunity from the United States. 28 . Scott maintained his campaign fund accounts, however, throughout this period.

Balderston, John v. Fairbanks Morse Eng

Court of Appeals for the Seventh Circuit · Apr 17, 2003

I want to begin our business relationship with you knowing very clearly the types of expectations I have of you in these areas. … But in plaintiffs’ response to summary judgment, Balderston alleged that he could have been but was not considered for Cocker- ham’s position and that Cockerham was not qualified.

Mazzei v. Rock-N-Around Trucking, Inc.

246 F.3d 956 · Court of Appeals for the Seventh Circuit · Apr 6, 2001

Article 24 clearly extends RNA’s responsibilities under Article 16, Health and Welfare or Pension, to the terms of employment for RNA’s owner- drivers. … Ed. 2d 581 (1992), the Supreme Court adopted "a common-law test for determining who qualifies as an ’employee’ under ERISA." Id. at 323.

Meanith Huon v. Nick Denton

841 F.3d 733 · Court of Appeals for the Seventh Circuit · Nov 14, 2016

Nevertheless, “when the defendant clearly intended and unmistakably conveyed a defamatory mean- ing, a court should not strain to see an inoffensive gloss on the statement.” Green, 917 N.E.2d at 463. … failed to plead facts plausibly establishing that Gawker authored the allegedly defamatory comments.

F. J. A. P. v. Merrick B. Garland

94 F.4th 620 · Court of Appeals for the Seventh Circuit · Feb 27, 2024

Spe- cifically, the Board found three clearly erroneous “hypothet- ical suppositions.” … First, does either a CAT order or a reinstatement decision qualify as a removal order? Second, is the petition for review filing deadline jurisdictional?