Case law

United States v. Mark A. Reed

349 F.3d 457 · Court of Appeals for the Seventh Circuit · Nov 13, 2003

judge left some stones unturned) rather than make our own findings; otherwise the Court would have said that it was relying on the learning, etc., of appellate judges. 25 I do not think that the district judge made any clearly … Bryant, 502 U.S. 224, 228 , 112 S.Ct. 534 , 116 L.Ed.2d 589 (1991) (right question for qualified immunity from damages is whether "a reasonable officer could have believed that probable cause existed").

United States v. Firishchak, Osyp

Court of Appeals for the Seventh Circuit · Nov 20, 2006

Further, given the facts established at trial, the district court properly concluded that Firishchak’s UAP service constituted conduct contrary to human decency. … Assuming, arguendo, that plain error review applies, Firishchak has not established that any of his unsubstantiated grievances amount to a showing of plain error.

Ralph Condo v. Sysco Corporation

1 F.3d 599 · Court of Appeals for the Seventh Circuit · Aug 4, 1993

The court rejected this argument and held that § 778.114 may be applied when an employer does not qualify for the § 7(f) exception. See also Triple “AAA” Co. v. … The threshold inquiry is whether Congress clearly expressed its intent in the plain language of the statute.

Pasha, Klodiana v. Gonzales, Alberto

Court of Appeals for the Seventh Circuit · Dec 29, 2005

Dec. 354, 355 (BIA 1986), states: “You must clearly explain the specific facts and law on which you base your appeal of the Immigration Judge’s decision. … We do not have to consider it, since the government does not discuss it and since the challenge will be moot if Pasha, on remand, prevails on her asylum claim and thus establishes her right to remain in the United States.

William Leach A/K/A William Martin v. Darrell Kolb, Acting Superintendent, and Attorney General of the State of Wisconsin

911 F.2d 1249 · Court of Appeals for the Seventh Circuit · Aug 24, 1990

Thus, when a defendant fails *1257 to present sufficient evidence to sustain his assigned burden of proof under state law, he clearly has no right to have the insanity question submitted to the jury in the hope that they … During the insanity phase of the trial, Leach introduced the testimony of two witnesses deemed qualified as expert witnesses by the trial court, Dr. Crowley and Dr. Smail.

United States v. Padilla, Felipe

Court of Appeals for the Seventh Circuit · Mar 31, 2008

Discussion On appeal, Padilla argues that (1) the government failed to establish by a preponderance of the evidence that the controlled substance was crack cocaine for sentencing purposes; and (2) based on the advisory … Feb. 12, 2008) (affirming sentence where district court clearly indicated that it understood the full scope of its discretion to consider the crack/powder disparity in imposing sentence); United States v.

In Re Northern Indiana Oil Co., Inc., Fletcher v. Surprise

180 F.2d 669 · Court of Appeals for the Seventh Circuit · Apr 12, 1950

The Trustee was highly qualified and experienced as a business man as well as in the duties and obligations imposed upon a bankruptcy trustee. … leases, and came to the conclusion that it would be unwise and detrimental to this estate to attempt to assert title, either legal or equitable, to any of the said real estate, and that the possibility of succeeding in establishing

United States v. Elmer F. Wiman

77 F.3d 981 · Court of Appeals for the Seventh Circuit · Feb 28, 1996

A jury trial was conducted on November 7, 1994, at which time the government presented evidence and testimony to establish that Wiman had possessed a functional Iver Johnson .22 caliber revolver (the “revolver”) on the date … The district court qualified its ruling by concluding “[tjhose doors having been closed, it remains to be seen whether the Defendant would choose to open them in the presentation of a defense.

United States v. Jarrode E. Phillips

239 F.3d 829 · Court of Appeals for the Seventh Circuit · Feb 1, 2001

Prior to the Jury Selection Act, most federal districts used the "key man" system, where persons believed to have extensive contacts in the community would suggest names of prospective jurors and the qualified jury wheel … As the Court clearly explains, 56 The enterprise is an entity, for present purposes a group of persons associated together for a common purpose of engaging in a course of conduct.

Yasser Abdelghani v. Eric Holder, Jr.

Court of Appeals for the Seventh Circuit · Feb 3, 2009

(a)(4)(B) (2007) (defining “changed circumstances”), the evidence presented does not establish his eligibility for relief.”  (A.R. 2.)   … The BIA did not clearly ratify the IJ’s finding that there were no changed circumstances, and since the government has not contested our jurisdiction to review the asylum claim, we turn to the merits.  

Vision Church v. Village Of Long Grove

468 F.3d 975 · Court of Appeals for the Seventh Circuit · Nov 7, 2006

Establishment Clause. … The Establishment Clause states that "Congress shall make no law respecting an establishment of religion." U.S. Const. amend. I.

Ronald McKee Libelants-Appellees v. Brunswick Corporation and Flagship Boats, Inc., Ronald McKee Libelants-Appellees v. Mallory Electric Corporation, Ronald McKee Libelants-Appellees v. Alex Semenchuk and Kenneth Bond, Etc., Ronald McKee Libelants-Appellants v. Brunswick Corporation

354 F.2d 577 · Court of Appeals for the Seventh Circuit · Dec 14, 1965

the customary procedure of testing. 17 The findings of the court as to Mallory's negligence and the proximate cause of the explosion do not leave us with a 'firm conviction that a mistake has been committed,' and are not clearly … United States, 342 F.2d 581, 584 (7th Cir. 1965), avails nothing, as that decision does not immunize Mallory from liability once its duty, and the foreseeability of resulting injury if it breaches this duty, have been established

Connie M. Tolle v. Carroll Touch, Incorporated, a Wholly Owned Subsidiary of Amp Incorporated, Formerly Known as Carroll Touch Technology Corporation

977 F.2d 1129 · Court of Appeals for the Seventh Circuit · Oct 20, 1992

Bloomfield after this first exam concluded that “[t]here clearly was no emergency.” Dr. Bloomfield referred Tolle to another doctor for a second opinion. Dr. … In order to enforce the terms of a plan under Section 502, the participant must first qualify for the benefits provided in that plan. See 29 U.S.C. § 1132 .

Paul Hamer v. County Of Lake

819 F.2d 1362 · Court of Appeals for the Seventh Circuit · Aug 5, 1987

The court stated that both decisions conclusively established that substantive federal claims of the sort pursued by the plaintiffs were not properly cognizable in federal court under the Tax Injunction Act. … The plain wording of Christiansburg, directing that an award of fees is appropriate where the claim is frivolous or when "the plaintiff continued to litigate after it clearly became so," clearly requires as much.

T.D. v. LaGrange School 102

Court of Appeals for the Seventh Circuit · Nov 14, 2003

The school district argues that since this case was ulti- mately resolved through a private settlement, without a judicial imprimatur, T.D. does not qualify as a “prevailing party” under the Supreme Court’s explanation of … Furthermore, in light of Buckhannon, which made explicit that “prevailing party” has a clearly established meaning that overrides various policy arguments, we are constrained to reject T.D.’s contention on this point.

United States v. John Brandon

Court of Appeals for the Seventh Circuit · Nov 25, 2014

California, 496 U.S. 128, 133–34, 133 n.5 (1990) (clarifying that the  observation of an article in plain view does not qualify as a search).  … Brandon=s final argument, that O’Donovan falsely promised either immunity or  leniency to Brandon if he turned over a gun to the officers, borders on frivolous. 

Gates v. City of Chicago

623 F.3d 389 · Court of Appeals for the Seventh Circuit · Sep 27, 2010

Although published state statutes qualify as being readily available to the public, documents that are available at a monthly Police Board Meeting, although technically available to the public in a limited way, cannot satisfy … procedures for the return of their money were inadequate, an issue which they clearly preserved.

SEC v. BC57, LLC

Court of Appeals for the Seventh Circuit · May 6, 2024

Interlocutory appeals from some orders in receiverships are authorized by 28 U.S.C. §1292(a)(2), but no one contends that the district court’s order in this case qualifies. … Still, there is an established conflict among the circuits, and it is rarely prudent to move from one side of a conflict to the other.

United States v. Turner, James M.

Court of Appeals for the Seventh Circuit · Mar 3, 2005

Any reasonable person watching all of these strange dealings would clearly believe something was amiss. No. 02-1193 9 B. … There is no dispute that Hinesley was technically qualified to testify as an expert; her qualifications are found throughout her testimony.

SEC v. BC57, LLC

Court of Appeals for the Seventh Circuit · May 6, 2024

Interlocutory appeals from some orders in receiverships are authorized by 28 U.S.C. §1292(a)(2), but no one contends that the district court’s order in this case qualifies. … Still, there is an established conflict among the circuits, and it is rarely prudent to move from one side of a conflict to the other.