Case law

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

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. Gajo, Bogdan

Court of Appeals for the Seventh Circuit · May 20, 2002

During Smith’s cross-examination, defense counsel established that Smith could not remember if Gajo said anything to him in English. … Because a trial witness’s grand jury testimony is not hearsay and is admissible as substantive evidence when it is inconsistent with his trial testimony, the issue we must address is whether a lack of memory at trial qualifies

Thoele v. Aetna Casualty & Surety

39 F.3d 724 · Court of Appeals for the Seventh Circuit · Oct 28, 1994

BACKGROUND In 1978 or 1979, Sharon Thoele decided to establish a babysitting service at the Thoeles’ home in Cahokia, Illinois. … Sharon Thoele’s babysitting clearly falls within the scope of both this example and the notion of a business pursuit generally.

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.

Dubiske v. Commissioner

58 F.2d 51 · Court of Appeals for the Seventh Circuit · Apr 6, 1932

Dubiske & Co., at the time the reserve fund is al~ *55 leged to have been established, did not owe petitioner the amount of said alleged fund, or any sum approximating that amount. … The findings of the Board clearly state that petitioner charged himself with this item in his income tax return for the year 1920, as shown in Schedule D of that return.

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 

United States v. William Beavers

756 F.3d 1044 · Court of Appeals for the Seventh Circuit · Jun 30, 2014

Because of this obligation, the loan proceeds do not qualify as in- come to the taxpayer. When he fulfills the obligation, the repayment of the loan likewise has no effect on his tax liability. … We have clearly set out the standards by which we decide 26 No. 13-3198 whether a group is “distinctive” for Duren cross-section claims, see United States v.

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.

United States ex rel. White v. Walsh

174 F.2d 49 · Court of Appeals for the Seventh Circuit · Apr 20, 1949

White and Hoffman then 'retired to the county clerk’s office arid there' completed -the proceeding; passed and directed the filing of a resolution reciting that White was the'-duly'elected, qualified and acting village clerk … But there is a further well established rule properly applicable to the case at bar.

St. Pierre, Robert v. Walls, Jonathan

Court of Appeals for the Seventh Circuit · Jul 23, 2002

Thus, after the plea was accepted there were four qualified expert reports declaring St. … Pierre was found competent to plead and clearly actively participated in the proceedings.

Sherrod v. Berry

827 F.2d 195 · Court of Appeals for the Seventh Circuit · Aug 20, 1987

The record, however, clearly establishes that the Chief did in fact take disciplinary action against Berry after the Bradley and Waddell incidents. … As I have noted, the record clearly establishes that Chief Breen did discipline Officer Berry: (1) in Waddell, Chief Breen reprimanded Berry, (2) in Bradley, Berry was suspended for ten days.

Northside Sanitary Landfill, Inc. v. Lee M. Thomas

804 F.2d 371 · Court of Appeals for the Seventh Circuit · Dec 29, 1986

On June 9, 1982, the Region V Administrator acknowledged that Northside's application qualified it for interim status, and noted that a 303 acre-feet process design capacity has been approved for Northside's facility. … Sec. 124.19] clearly provides that ... permits will not be reviewed unless the Petitioner is able to show that the permit determination is clearly erroneous or involves an exercise of discretion or policy which is important

United States v. Stephen D. Swearingen

97 F.3d 1455 · Court of Appeals for the Seventh Circuit · Sep 12, 1996

Therefore, the only question is whether these burglaries, which all involved commercial establishments, qualify as crimes of violence within the meaning of § 924(e). 3 Burglary for purposes of enhancing a defendant's sentence … If this report is unchallenged, then it is sufficient to establish whether the defendant has at least three prior convictions that qualify him for an enhanced sentence. United States v.

United States v. Brian Thurman

Court of Appeals for the Seventh Circuit · May 2, 2018

As we have said, “no  one [is] more qualified than the dealer himself to put a num‐ ber on the amounts of [drugs] he was purchasing and resell‐ ing.”  Id.  … In order to establish construc‐ tive  possession,  the  Government  did  not  need  to  show  that  the guns were within his immediate reach. Both of Mr. 

United States v. Reyes-Hernandez

624 F.3d 405 · Court of Appeals for the Seventh Circuit · Oct 7, 2010

We did, however, qualify our holding in Corner by noting that district court judges “must imple- ment all statutes, whether or not the judges agree with them”; but we added that “Booker, Kimbrough, and Spears hold that the … Our reading of the previously discussed policy state- ments published by the Sentencing Commission com- pels us to conclude that the Commission clearly acted outside its characteristic institutional role in creating § 5K3.1

Nahquaseh B. Waubanascum v. Shawano County

416 F.3d 658 · Court of Appeals for the Seventh Circuit · Aug 1, 2005

That state laws required Shawano County to perform its own background checks is not sufficient to create a “special relationship” that qualifies as a DeShaney exception. … The evidence clearly established that it was Menominee County, not Shawano County, that placed Waubanascum in Fry’s home (in fact, the terms of the license unambiguously indicated that Menominee County would have responsibility

Allendale Mutual Insurance v. Bull Data Systems, Inc.

10 F.3d 425 · Court of Appeals for the Seventh Circuit · Nov 9, 1993

. § 1330 (a), confers federal jurisdiction over civil suits against foreign states as defined by the Foreign Sovereign Immunities Act, and the Act’s definition includes companies a majority of whose shares are owned by a … to plead res judicata might deprive Allendale of the benefit of its judgment, considerations of comity would not prevent a federal court, even under the strict cases, from enjoining the foreign defendants (and even more clearly

United States v. The Board Of School Commissioners Of The City Of Indianapolis

637 F.2d 1101 · Court of Appeals for the Seventh Circuit · Oct 6, 1980

Davis or Arlington Heights, nor do we believe that the conclusion of discriminatory purpose was clearly erroneous in light of evidence of record. … The fifteen other municipalities in Marion County were also immune to unilateral civil annexation.

Rhonda Ezell v. City of Chicago

651 F.3d 684 · Court of Appeals for the Seventh Circuit · Jul 6, 2011

To be appropriately respectful of the individual rights at issue in this case, the City bears the burden of establishing a strong public-interest justification for its ban on range training: The City must establish a close … Chicago, 26 J.L. & Pol. 273 , 285-87 (2011); Josh Blackman & Ilya Shapiro, Keeping Pandora’s Box Sealed: Pnvileges or Immunities, The Constitution in 2020, and Properly Extending the Right to Keep and Bear Arms to the States