Case law

United States v. Robert McPartlin

595 F.2d 1321 · Court of Appeals for the Seventh Circuit · Apr 23, 1979

In May, 1975, the government granted immunity to Benton. … The cases do not establish such a limitation, 15 and there is no reason to impose it.

Merillat, Janet M. v. Metal Spinners

Court of Appeals for the Seventh Circuit · Dec 6, 2006

It is usually the least qualified or least productive employee.” Fairchild v. Forma Scientific, Inc., 147 F.3d 567, 573 (7th Cir. 1998). Even though, as noted above, Ms. … It is, therefore, clearly insufficient to sustain a determination that the reasons for the discharge stated by Wiland and supported by evidence were pretextual in nature.

United States v. Bahman Mansoori, Mark Cox, Mohammad Mansoori, Kenneth Choice, and Terry Young

304 F.3d 635 · Court of Appeals for the Seventh Circuit · Oct 16, 2002

As this issue was not raised below, however, the mistake must qualify as “plain” before the defendants are entitled to relief. United States v. … None of these three factual determinations was clearly erroneous.

Naeem, Sally v. McKesson Drug Co

Court of Appeals for the Seventh Circuit · Apr 12, 2006

Naeem clearly go far beyond typical on-the-job disagreements, including the following: forcing Ms. Naeem to climb up an unstable metal stairway to hook up computer equipment during her pregnancy; sabotaging Ms. … 5 Federal Rule of Evidence 702 states: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

Larry Kurina, 1 v. James Thieret, Warden, Menard Correctional Institution

853 F.2d 1409 · Court of Appeals for the Seventh Circuit · Aug 3, 1988

It was established that Kurina is left-handed. In addition, Kurina called Dr. Shalgos, a forensic pathologist, to testify that the victims’ wounds were consistent with an attack by a right-handed person. … THE WITNESS: Theoretically, the answer is yes, I must qualify my ‘theoretically.’ MR. GOGGIN: Judge, I’m going to object to this, to all of this qualification. THE COURT: The objection is overruled. MR.

Luis Narvaez v. United States

Court of Appeals for the Seventh Circuit · Dec 16, 2011

It is well-established, however, that the Due Process Clause applies to certain aspects of the sentencing process. See Hicks v. … This error clearly constitutes a miscarriage of justice. The Govern- ment is correct that Mr. Narvaez does not have an absolute right to a lower sentence.

Roche, Charles E. v. Davis, Cecil

Court of Appeals for the Seventh Circuit · May 28, 2002

Ed. 2d 674 (1984) as the controlling precedent for Roche’s ineffective assistance of counsel claims, see Roche, 690 N.E.2d at 1120, and "Strickland undoubtedly qualifies as ’clearly established Federal law, as determined … [petitioner] has failed to establish that he was prejudiced by the allegedly defective assistance of counsel. Id. (footnote omitted).

United States v. Smith, Danny

Court of Appeals for the Seventh Circuit · Oct 16, 2002

Nevertheless, we need not squarely address this issue because Lowe’s substantive argument on severance clearly fails on the merits. … The district court’s ruling on the § 2D1.1(b)(1) enhancement was not clearly erroneous. 4. Lowe’s criminal history points.

United States v. Robert E. King

150 F.3d 644 · Court of Appeals for the Seventh Circuit · Jun 25, 1998

case like this where the defendant himself has broached the subject of missing witnesses by asking the jury to in a sense penalize the government for its failure to produce the agents, the prosecutor’s argument in response clearly … But a defendant qualifies for those two points by committing but a single offense while still serving a prior criminal justice sentence.

Garry v. Geils

82 F.3d 1362 · Court of Appeals for the Seventh Circuit · Apr 22, 1996

It would not make sense to read our remarks in Homola and Nesses as establishing a bright-line rule, since in Rookeritseif the federal plaintiffs had been plaintiffs in state court, and the federal plaintiffs in Feldman were … Bruszewski's testimony, however, does not clearly support the plaintiffs’ theory.

Robert Jafari v. Wynn Las Vegas, LLC

Court of Appeals for the Seventh Circuit · Jun 17, 2009

The agreement established an initial credit line of $150,000. … To the contrary, Wisconsin cases clearly indicate that a Wisconsin court would apply Nevada law to the Wynn and Caesar’s claims.

Shameca Robertson v. Allied Solutions, LLC

Court of Appeals for the Seventh Circuit · Aug 29, 2018

Ordinary background checks qualify as consum‐ er  reports  under  the  FCRA.  See  15  U.S.C.  § 1681a(d)(1).  … A qualifying injury must be both  concrete and particular to the plaintiff. Id. at 1548. 

Smith v. Fairman

862 F.2d 630 · Court of Appeals for the Seventh Circuit · Nov 9, 1988

Smith does not deny that the , first prong of this test was met — Boyle clearly was unavailable because of his death prior to trial. … Smith also argues that Boyle’s statement does not qualify as a spontaneous declaration because the amount of time that had elapsed between the incident and the officer’s arrival was too great.

United States v. Green

648 F.3d 569 · Court of Appeals for the Seventh Circuit · Aug 9, 2011

Most im- portant for our analysis, the use of “straw buyer” did not 10 Nos. 09-3098, 09-3482 & 09-3681 facially incriminate Braziel as clearly as the terms “incar- cerated leader” and “unincarcerated … To establish wire fraud, the government must prove (1) that the defendant participated in a scheme to defraud; (2) with the intent to defraud; (3) and used interstate wire communications in furtherance of the fraud.

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?

Generation Capital I, LLC v. John Fliss

87 F.4th 348 · Court of Appeals for the Seventh Circuit · Nov 27, 2023

Each man personally guaran- teed the loan, and a trust established in Sherry Wojciak’s name (Larry’s spouse), was the fourth guarantor. … Levinson, 831 F.2d 1292, 1296 (7th Cir. 1987) (con- sent judgments not given preclusive effect unless parties clearly indicate that intent).

Ohio-Sealy Mattress Manufacturing Co. v. Sealy, Inc.

585 F.2d 821 · Court of Appeals for the Seventh Circuit · Oct 11, 1978

These factors clearly influenced the court. As it stated in its ruling on the new trial motion: The size of the jury’s verdict was shocking. … The latter authorities seem to us clearly more in keeping with the meaning of the Federal Rules of Civil Procedure.

United States v. Jwuan Moreland

703 F.3d 976 · Court of Appeals for the Seventh Circuit · Dec 3, 2012

He attacks his life sentence on the ground that the prior drug felonies that qualified him for such a sentence were not separate criminal episodes, as 21 U.S.C. § 841(b)(1)(A) has been glossed to require. … The first and second offenses clearly were separate from each other; they involved different drugs possessed on different days. See, e.g., United States v. Beckstrom, supra, 647 F.3d at 1018; United States v.

Shakman v. Democratic Organization of Cook County

919 F.2d 455 · Court of Appeals for the Seventh Circuit · Nov 30, 1990

Since the office of the State's Attorney is an actual party to the lawsuit, the State's Attorney is clearly "interested in the proceedings" within the meaning of Sec. 6. … Congress has established that appeal is permissible only on entry of a final judgment.

Lora Liskowitz v. Michael Astrue

Court of Appeals for the Seventh Circuit · Mar 24, 2009

Only the fifth step—which requires the ALJ to determine the 2 A claimant who cannot establish that she was disabled while she was insured may still receive Supplemental Security Income benefits if she can established … Clearly not. In administrative proceedings, no less than in ordinary life, “explanations come to an end some- where.” LUDWIG WITTGENSTEIN, § 1 PHILOSOPHICAL INVESTIGATIONS (G.E.M. Anscombe trans., 1968).