Case law

Betty J. Archie v. City of Racine, Ronald W. Chiapete, and George W. Giese

847 F.2d 1211 · Court of Appeals for the Seventh Circuit · May 23, 1988

This finding is not clearly erroneous. Pullman-Standard v. Swint, 456 U.S. 273, 287-88 , 102 S.Ct. 1781, 1789 , 72 L.Ed.2d 66 (1982). … Home Telephone and Snow-den together establish the indifference of constitutional norms to the content of state law. .

United States v. Jose Garcia, Jr.

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

Structural errors require automatic reversal, and are immune to harmless-error review. the opportunity to consider his rulings and to correct them if necessary. … A fact finding is clearly erroneous only if, after reviewing the 6 Pineda-Hernandez certainly challenges the leadership enhancement for count I.

Lyon Lumber Co. v. Harrison

113 F.2d 443 · Court of Appeals for the Seventh Circuit · Jun 14, 1940

Well, qualified to hold property, I might say. “Q. Does the land owner in Oregon have to pay a license tax? “A. To own property, I understand they have to pay a license tax. “Q. You mean a foreign corporation? “A. … “From the facts clearly established in these cases, we think these corporations were doing business, within the meaning of the act.

Larry Nelson v. City of Chicago

810 F.3d 1061 · Court of Appeals for the Seventh Circuit · Jan 20, 2016

It’s well established that “[i]n general, a witness’s arrest record will not be admissible.” Thompson v. City of Chicago, 722 F.3d 963, 977 (7th Cir. 2013). … We fail to see how evidence of Nelson’s other suits qualifies as impeachment. Nothing in his direct testimony could be contradicted by evidence that he had filed other suits against the City.

Frank Yockey v. Margaret Horn

880 F.2d 945 · Court of Appeals for the Seventh Circuit · Aug 25, 1989

This language is quite broad, but it is what the parties negotiated at the time of settlement; they included no qualifiers except that the litigation be “against” Frank Yockey. … The court stated: An agreement is against public policy if it is injurious to the interests of the public, contravenes some established interest of society, violates some public statute, is against good morals, tends to interfere

United States v. Roosevelt Turner

Court of Appeals for the Seventh Circuit · Feb 2, 2010

The government did not explicitly ask the court to dis- qualify Baris. … The judge responded: “How much more specific does it have to get other than there will be an approach for a proffer, and he is clearly a—if not absolutely going to be a witness, he’s clearly a person with extraordinarily

United States v. Jose Garcia, Jr.

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

Structural errors require automatic reversal, and are immune to harmless-error review. the opportunity to consider his rulings and to correct them if necessary. … A fact finding is clearly erroneous only if, after reviewing the 6 Pineda-Hernandez certainly challenges the leadership enhancement for count I.

Lawrence Larsen v. Carroll County, Illinois

Court of Appeals for the Seventh Circuit · Mar 26, 2020

His brief does not even mention the district court’s alternate ruling—that the officers are entitled to qualified immunity for the second search of the house—thus abandoning any challenge to that decision. See Campos v. … Similarly, a plaintiff pursuing a malicious-prosecution claim in Illinois must establish more than just termination of the criminal proceedings in his favor.

Federal Trade Commission v. Bay Area Business Council, Inc.

423 F.3d 627 · Court of Appeals for the Seventh Circuit · Aug 25, 2005

The FTC alleged that the defendants violated three provisions of the TSR, which we consider in turn. 22 Section 310.3(a)(1)(i) requires telemarketers to clearly and conspicuously disclose "[t]he total costs to purchase, receive … We need not linger on the obvious point that the lack of any available credit on the "MasterCard" qualifies as a material aspect of its performance subject to disclosure. Cf.

Aldens, Inc. v. Bronson C. Lafollette, Individually and as Attorney General for the State of Wisconsin, and Erich Mildenberg, Individually and as Commissioner of Banking, State of Wisconsin

552 F.2d 745 · Court of Appeals for the Seventh Circuit · Apr 25, 1977

One section of the Act provides that 18% per annum should be the maximum permissible finance charge for extension of credit under open-end credit plans such as Aldens offers. 3 This ceiling was established to prevent overreaching … There the Court held unconstitutional a state's refusal to honor and enforce contracts made for interstate or foreign commerce because of the enforcing corporation's failure to qualify to do business in the state. 13 Such

Nachtsheim v. Beech Aircraft Corp.

847 F.2d 1261 · Court of Appeals for the Seventh Circuit · May 26, 1988

Upon exiting the clouds, the pilot usually experiences nys-tagmus and severe confusion whereby he is unable to clearly focus on the instruments.” Appellee’s Br. at 9 (citations omitted). … The rule is qualified by the requirement that the facts or data be of the type reasonably relied upon by experts in that particular field of expertise. See generally S. Saltzburg & K.

Part-time Faculty Association v. Columbia College Chicago

Court of Appeals for the Seventh Circuit · Jun 15, 2018

However, FTST also qualify as full-time staff mem- bers, which are expressly excluded from representation. … It also asserted that including FTST “would create a minority union to compete with an already established majority un- ion’s representation of part-time faculty.”

Lawrence Larsen v. Carroll County, Illinois

Court of Appeals for the Seventh Circuit · Mar 26, 2020

His brief does not even mention the district court’s alternate ruling—that the officers are entitled to qualified immunity for the second search of the house—thus abandoning any challenge to that decision. See Campos v. … Similarly, a plaintiff pursuing a malicious-prosecution claim in Illinois must establish more than just termination of the criminal proceedings in his favor.

Lawrence Larsen v. Carroll County, Illinois

Court of Appeals for the Seventh Circuit · Mar 26, 2020

His brief does not even mention the district court’s alternate ruling—that the officers are entitled to qualified immunity for the second search of the house—thus abandoning any challenge to that decision. See Campos v. … Similarly, a plaintiff pursuing a malicious-prosecution claim in Illinois must establish more than just termination of the criminal proceedings in his favor.

United States v. Benjamin Egwaoje

335 F.3d 579 · Court of Appeals for the Seventh Circuit · Jul 9, 2003

Given that we have found a defendant’s behavior to evidence a knowing and intelligent choice in cases when the defendant never clearly stated that he intended to waive the right, see, e.g., Fazzini, 871 F.2d at 642 , we surely … As Egwaoje’s motion points out, we stated in Farouil that in an appropriate case, a defendant may qualify for a departure based on his status as a deportable alien. 124 F.3d at 847 .

Part-time Faculty Association v. Columbia College Chicago

Court of Appeals for the Seventh Circuit · Jun 15, 2018

However, FTST also qualify as full-time staff mem- bers, which are expressly excluded from representation. … It also asserted that including FTST “would create a minority union to compete with an already established majority un- ion’s representation of part-time faculty.”

Christopher Colbert v. City of Chicago

Court of Appeals for the Seventh Circuit · Mar 14, 2017

There can be acceptable reasons for officers to  clear  a  search  area  (e.g.,  officer  and  citizen  safety,  evidence  preservation),  but  doing  so  can  risk  effectively  immunizing  officers from property‐damage  … Since  those depositions, Colbert has argued quite clearly in the dis‐ trict court, Dkt. No. 75 at 14–15, and in this court that the of‐ ficers are conspiring to deny their wrongdoing. 

Fabick, Inc. v. JFTCO, Inc.

Court of Appeals for the Seventh Circuit · Dec 9, 2019

1760 & 19-1872 Moreover, a reasonable jury could have found that the ev- idence presented by JFTCO did not establish continuous use of the Fabick mark in the region sufficient to establish senior holder status. … A factual or legal error may be suf- ficient to establish an abuse of discretion.” Id.

National Organization for Women, Inc. v. Joseph M. Scheidler

396 F.3d 807 · Court of Appeals for the Seventh Circuit · Jan 28, 2005

They both have concluded that the Act establishes just two RICO predicate acts — robbery and extortion — and that the phrase “or commits or threatens physical violence to any person or property in furtherance of a plan or … The plaintiffs have lost their bid to have a nationwide injunction based on the 117 acts that the Supreme Court has now decreed do not qualify as “extortion” for purposes of the Hobbs Act and RICO.

Reid L. v. Illinois State Board of Education, Glenn W. McGee in His Capacity as Illinois State Superintendent of Education, and Corey H., Corey H. v. Board of Education of the City of Chicago, Appeal of Reid L., Prospective Intervenors

289 F.3d 1009 · Court of Appeals for the Seventh Circuit · Jun 20, 2002

Timeliness is fundamental not only to intervention, but to the overall conduct of a lawsuit, and it is a clearly spelled out requirement of Rule 24. … point, however, is a red herring; the district court properly found that the state authorities did not have the power to override an injunctive decree issued by a federal court to remedy a state's violation of standards established