Case law

Empress Casino Joliet Corp. v. Blagojevich

638 F.3d 519 · Court of Appeals for the Seventh Circuit · Jul 8, 2011

Omni Outdoor Advertising, Inc., 499 U.S. 365, 374-78 (1991) (state immunity from federal antitrust suits)—notably that of absolute immunity. Pierson v. Ray, 386 U.S. 547, 553-54 (1967). … The 3% surcharge is not a tax levied to fund a state spending program established for the benefit of the racetracks.

United States v. Rick Brown

880 F.3d 399 · Court of Appeals for the Seventh Circuit · Jan 19, 2018

Second, re- gardless whether the patient qualified for, or received, the billed-for care, every patient was billed for “Care Plan Over- sight,” a type of physician supervision for patients requiring complex or multi-disciplinary … The Government’s own investigation establishes that Ms.

United States v. Jeffrey Stuart Falk

479 F.2d 616 · Court of Appeals for the Seventh Circuit · Apr 19, 1973

But "[i]t is clearly unconstitutional to enable a public official to determine which expressions of view will be permitted and which will not or to engage in invidious discrimination among persons or groups . . . by selective … More importantly, since nothing defendant alleged or offered to prove went to the status of the persons not prosecuted, defendant's case went not to establishing discrimination but rather to establishing a bad purpose behind

United Phosphorus, Ltd. v. Angus Chemical Company

322 F.3d 942 · Court of Appeals for the Seventh Circuit · Mar 10, 2003

The appellants have made little effort to demonstrate that the district court's findings of fact are clearly erroneous. … Secondly, this court has recognized that jurisdiction-stripping rules must be expressed clearly. In Czerkies v. U.S.

Donohoe v. Consolidated Operating & Production Corp.

982 F.2d 1130 · Court of Appeals for the Seventh Circuit · Dec 28, 1992

To establish control person liability, a plaintiff must show that the defendant has “the practical ability to direct the actions of the people who issue or sell the securities.” Barker v. … The plaintiffs were clearly on inquiry notice many months before October 1985. Accordingly, their claim under section 12(2) is time-barred. VI.

United States v. Harbin, Driefus

250 F.3d 532 · Court of Appeals for the Seventh Circuit · May 8, 2001

He was instead a qualified, presumptively-impartial juror who was removed at the discretion of the prosecution without cause. … In each instance, the framework in which the trial proceeds is fundamentally altered, with an effect that is difficult to establish.

Kenneth C. Vantine and Rebecca Vantine v. Elkhart Brass Manufacturing Company, Inc. And Wausau Insurance Company

762 F.2d 511 · Court of Appeals for the Seventh Circuit · May 7, 1985

The collective bargaining agreement also established the procedure to be followed when an employee was unable to work because of an extended illness or injury. … Brass counters that the collective bargaining agreement at issue in this case is an employment contract as defined in section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 , and that the plaintiffs’ complaint clearly

Davis, Thomas P. v. G.N. Mortgage Corp

Court of Appeals for the Seventh Circuit · Jan 31, 2005

Boatman’s alleged comment is clearly an out-of-court statement offered by the plaintiffs for the truth of the matter asserted and, therefore, may not be relied upon by the Davises to resist summary judgment. See Fed. R. … it if they so decided.12 Indeed, considering the multiple obligations which the mortgage document imposed upon them, as well as the amount of money involved ($288,000), the Davises would have been well advised to visit a qualified

Ponsetti v. GE Pension Plan

614 F.3d 684 · Court of Appeals for the Seventh Circuit · Jul 30, 2010

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 . … of proof for a Plan seeking to establish the validity of discretionary decisions implicating such documents.

The Money Store, Inc. v. Harriscorp Finance, Inc.

885 F.2d 369 · Court of Appeals for the Seventh Circuit · Sep 19, 1989

Mem. op. at 5-6. 18 On this record, we cannot view this determination that Harris continues to use the mark in the Chicago metropolitan region as clearly erroneous. … The scope of a property right is a matter of expectations, and Harriscorp could not reasonably have expected its injunctive right to be immune from modification by the court that had issued the injunction.

CMFG Life Insurance Company v. RBS Securities, Incorporated

799 F.3d 729 · Court of Appeals for the Seventh Circuit · Aug 21, 2015

Where a cause of action is not “clearly within” a statute of limitations, the statute “should not be extended by construction.” Green v. … We do not establish a rule that a party to a trans- action may claim justifiable reliance on representations that were not made, or that he had not read.

SEC v. BC57, LLC

Court of Appeals for the Seventh Circuit · May 7, 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.

SEC v. BC57, LLC

Court of Appeals for the Seventh Circuit · May 7, 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.

Biggs v. Village Of Dupo

892 F.2d 1298 · Court of Appeals for the Seventh Circuit · Jan 9, 1990

They made no effort to establish that defense, nor did they seek an instruction submitting it to the jury. 16 The article also contains Mr. … While the article undoubtedly upset the Board and the Mayor, such "nominal superiors" (as the court characterized them) are not immune to criticism from employees.

Metro Water v. North American Galva

Court of Appeals for the Seventh Circuit · Jan 17, 2007

The Court began by noting that the cost recovery remedy of § 107(a) and the con- tribution remedy of § 113(f)(1) are “clearly distinct.” Id. at 163 & n.3. … If no costs qualifying under this language have been incurred or awarded against the volunteer, then that party has no right to contribution.

Richard Arnold v. Michael Dittmann

Court of Appeals for the Seventh Circuit · Aug 24, 2018

There  is  no  dispute  that  Arnold’s petition was filed beyond the one‐year deadline established by 28  U.S.C. … There is no dispute that Arnold filed his habeas petition beyond section 2244(d)(1)’s one‐year time limit, so his petition is barred as untimely unless he can establish that he qualifies for  an  exception  to  the  time 

Monte Carlo Smith v. Salvador Godinez

68 F.3d 477 · Court of Appeals for the Seventh Circuit · Oct 12, 1995

Ineffective assistance can establish cause for such a default. Id. at 2567 . 6 Both claims were procedurally defaulted. … However, petitioner cannot utilize a procedurally defaulted ineffective assistance claim to establish cause for the failure to present other claims, unless petitioner establishes cause for his failure to raise the ineffective

United States v. Keller, Brian

Court of Appeals for the Seventh Circuit · Jul 21, 2004

Keller failed to establish that any of these elements were present when he possessed the weapon on July 4, 2002. Consequently, the Government maintains, the district court erred when it granted the departure. … The difference between the evidence necessary to invoke the affirmative defense and the evidence necessary to qualify for the downward depar- ture is necessarily one of degree.

United States v. Kramer, Robert H.

Court of Appeals for the Seventh Circuit · Sep 5, 2000

Finally, the Court noted that the convicted felon is not without relief; he could have had the underlying conviction removed by a qualifying pardon or could have challenged the prior conviction in the state court. … As the Court concluded, "Congress clearly intended that the defendant clear his status before obtaining a firearm." Id.

Henry Beverly v. Abbott Laboratories

107 F.4th 737 · Court of Appeals for the Seventh Circuit · Jul 10, 2024

Erie Foods Int’l, Inc., 576 F.3d 629, 631–33, 641 (7th Cir. 2009) (where employees taunted the plaintiff with nooses and threatened him with comments about his death because of his race, that conduct “clearly qualifies as … Beverly’s counsel did not first establish that Luo gave a deposition. The district court noted that step should be taken.