Case law

Indiana Planned Parenthood Affiliates Association, Inc. v. Linley E. Pearson

716 F.2d 1127 · Court of Appeals for the Seventh Circuit · Aug 26, 1983

their own or because they are too intimidated by the seeming complexity to try. 47 Third, the nature of these cases is such that one cannot assume that attorneys will volunteer to represent minors at the hearings even for clearly … Those minors would qualify as indigent because, as far as their access to money is concerned, they are indigent.

York, James C. v. Peake, James B.

Court of Appeals for the Seventh Circuit · Jun 30, 2008

and was not better qualified than the plaintiff.   … Such a comparison demonstrates pretext only if the disparity is so great that “there can be no dispute among reasonable persons of impartial judgment that the plaintiff was clearly better qualified for the position at issue

United States v. Hamza Dridi

Court of Appeals for the Seventh Circuit · Mar 13, 2020

Sometimes, employees would be approached by custom- ers who could not afford a car without a loan and did not qualify for a consumer loan. … An error is plain when “the law at the time of appellate review shows clearly that [the deviation] was an error.” United States v. Pierson, 925 F.3d 913, 919 (7th Cir. 2019).

United States v. Hamza Dridi

Court of Appeals for the Seventh Circuit · Mar 13, 2020

Sometimes, employees would be approached by custom- ers who could not afford a car without a loan and did not qualify for a consumer loan. … An error is plain when “the law at the time of appellate review shows clearly that [the deviation] was an error.” United States v. Pierson, 925 F.3d 913, 919 (7th Cir. 2019).

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.

Stevie Cole v. Warren Young, Superintendent and the Attorney General of the State of Wisconsin

817 F.2d 412 · Court of Appeals for the Seventh Circuit · Jun 8, 1987

As the Wisconsin Supreme Court has stated, the pattern instructions “are the product of painstaking effort of an eminently qualified committee of trial judges, lawyers, and legal scholars, designed to accurately state the … Dallman, 686 F.2d 418 (6th Cir.1982), clearly holds that the rule is constitutionally based.

Aux Sable Liquid Pro v. Murphy, Kenneth

Court of Appeals for the Seventh Circuit · May 19, 2008

. § 658.5 (defining “commercial motor vehicle”) 2 Defendants do not contest that Aux Sable’s propane loading facility qualifies as a “terminal” under § 31114(a)(2). … Under this analytical framework, it is first necessary to establish the congressional objective for the STAA, specifically § 31114. The parties are strongly divided on this issue.

Bryn Mawr Care, Incorporated v. Kathleen Sebelius

749 F.3d 592 · Court of Appeals for the Seventh Circuit · Apr 8, 2014

The district court ruled that Bryn Mawr failed to establish a protected interest, and that has been the parties’ focus on appeal. … “A property interest of constitutional magnitude exists only when the state’s discretion is ‘clearly limited’ such that the plaintiff cannot be denied the interest ‘unless specific conditions are met.’” Brown v.

Alliance to End Repression v. City of Chicago, and United States Department of Justice

733 F.2d 1187 · Court of Appeals for the Seventh Circuit · Apr 18, 1984

As a consequence, the guidelines establish safeguards for group investigations of special sensitivity, including tighter management controls and higher levels of review. … must remember that the FBI will continue subject to the decree until and unless it is modified; that the decree contains effective sanctions for disobeying it; and that the new Department of Justice guidelines provide no immunity

Public Service Company of Indiana, Inc. v. United States Environmental Protection Agency and Douglas M. Costle

682 F.2d 626 · Court of Appeals for the Seventh Circuit · Jun 25, 1982

Furthermore, even if it had been established that he did so, the record fails to establish that the state did in fact apply the wrong APC-3 in the DCO. 638 F.2d at 1007 . … In the instant case, however, the agency’s October 1975 order was clearly a final administrative action.

Charles M. Siverson v. Michael O'Leary and Neil F. Hartigan

764 F.2d 1208 · Court of Appeals for the Seventh Circuit · Jun 10, 1985

a jury split or compromise on the question of Siverson’s guilt, but instead indicate a jury decision that the beer bottles Siverson and Childers used to hit Bolig over the head (which were not broken when used) did not qualify … On appeal, respondents have not argued, nor could they argue, that Siverson waived the presence of defense counsel during the jury deliberations and the return of the verdicts when the record does not clearly establish a

Brian Miranda v. Blair J. Leibach

394 F.3d 984 · Court of Appeals for the Seventh Circuit · Jan 20, 2005

We believe that the rule requiring that all issues for appeal be preserved in a written post-trial motion is solidly established in Illinois law. … United States, 371 U.S. 471 , 83 S.Ct. 407 , 9 L.Ed.2d 441 (1963) ], qualifies as an intervening circumstance” that may purge post-arrest confession of taint of unlawful arrest); see also, e.g., State v.

George C. Hibma v. Richard T. Odegaard, James Nikodem, and Michael Paul Szula, and Sawyer County, Wisconsin, Intervening

769 F.2d 1147 · Court of Appeals for the Seventh Circuit · Jul 30, 1985

II To prevail in a civil rights action under 42 U.S.C. § 1983 , the plaintiff must establish that the defendant was acting “under color of state law” when he deprived the plaintiff of his constitutional rights. … .1979), this court held that a state court judge who had committed “racially motivated acts” against the plaintiff was acting under color of state law for purposes of a section 1983 action but was not entitled to judicial immunity

United States v. Joshua Liddell

Court of Appeals for the Seventh Circuit · Sep 10, 2008

For count one of the federal charges (corresponding to the last drug transaction), the district court had to decide whether the two prior state convictions qualified Liddell for sentencing as a career offender. … We have clearly held that this includes the career offender guidelines.

Mondry v. American Family Mutual Insurance

497 F. App'x 603 · Court of Appeals for the Seventh Circuit · Nov 28, 2012

We also held that the claims administration agreement between American Family and CIGNA qualified as a Plan document, in the sense that it defined their respective obligations vis-a-vis the divided administration of the Plan … But the district court found that Mondry never specifically requested the GSA from American Family, and it did not clearly err in that determination.

The Laidlaw Corporation v. National Labor Relations Board

414 F.2d 99 · Court of Appeals for the Seventh Circuit · Sep 2, 1969

On this point the Court said: It was clearly error to hold that the right of the strikers to reinstatement expired on August 20, when they first applied. … If and when a job for which the striker is qualified becomes available, he is entitled to an offer of reinstatement.

Gutnik, Ilya P. v. Gonzales, Alberto

Court of Appeals for the Seventh Circuit · Nov 29, 2006

This description of the events, if true, suggests that whatever “paraphernalia” Gutnik was caught with was clearly for his personal use of less than 30 grams of mari- juana. … Gutnik no longer qualifies as a refugee and is therefore ineligible to apply for a § 1159(c) waiver of inadmissability in conjunction with an adjustment of status.

Evory, Tammy A. v. RJM Acquisitions Fun

Court of Appeals for the Seventh Circuit · Oct 23, 2007

There might also be a case in which a false or deceptive statement clearly was immaterial, as in Gutierrez v. AT&T Broadband, LLC, 382 F.3d 725, 738-40 (7th Cir. 2004); see also Pettit v. … Maybe they were, but some evidence beyond the face of the offer was required to establish a prima facie case, and it was not presented.

Lucas v. Turner

725 F.2d 1095 · Court of Appeals for the Seventh Circuit · Jan 18, 1984

On appeal plaintiffs advance several reasons they contend establish a particularized need for disclosure. … University of Notre Dame du Lac, 715 F.2d 331, 338 (7th Cir.1983) (Before qualified academic privilege is broached parties "must conduct thorough and exhaustive discovery to exploit each and every possible source of information

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 Rookeritself 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.