Case law

In re Grand Jury Proceedings, Miller Brewing Co.

687 F.2d 1079 · Court of Appeals for the Seventh Circuit · Sep 3, 1982

The district court clearly indicated that the government’s petition seeking disclosure was pursuant to Rule 6(e). Miller I, 510 F.Supp. at 586 . … We prefer a standard which requires all parties to establish particularized need and which affords governmental agencies no special treatment.

United States v. Kelly Isley

Court of Appeals for the Seventh Circuit · Aug 7, 2023

The district court did not clearly err in including Lithocraft loans #2 and #3 in the loss amount. … The Government must establish the restitution amount by a preponderance of the evidence. See Robl, 8 F.4th at 527.

Diallo, Mamadou v. Ashcroft, John D.

Court of Appeals for the Seventh Circuit · Aug 26, 2004

Once the confusion was remedied, Diallo testified clearly that the two men were not related. … To qualify for refugee status in this country, a petitioner has the burden of demonstrating that she either has endured past persecution or has a well- founded fear of future persecution based on one of the stat- utorily

Ohio-Sealy Mattress Manufacturing Company v. Kaplan

745 F.2d 441 · Court of Appeals for the Seventh Circuit · Sep 21, 1984

There is "broad latitude" in establishing antitrust damages in private suits, and although Ohio could not establish damages with "mathematical certainty," it had at its disposal the tools lawyers generally employ to make … Judge Parsons' practice of taking evidence on post-verdict conduct was clearly warranted by our 1978 instructions and as a matter of original principles.

United States v. Kerri Agee

Court of Appeals for the Seventh Circuit · Aug 7, 2023

The district court did not clearly err in including Lithocraft loans #2 and #3 in the loss amount. … The Government must establish the restitution amount by a preponderance of the evidence. See Robl, 8 F.4th at 527.

Hampton, Patrick v. Leibach, Blair

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

In order to obtain habeas relief under the AEDPA, a petitioner must establish that the proceedings in state court resulted in a decision (1) “that was contrary to, or involved an unreasonable application of, clearly estab … of . . . clearly established Federal law.’ ” Williams, 529 U.S. at 407- 08, 120 S.

Ciomber, James v. Cooperative Plus Inc

Court of Appeals for the Seventh Circuit · May 28, 2008

Because causation-in-fact must always be established before any inquiry regarding legal causation begins, see 1 Dan B. … But neither the law, nor Ciomber, explains how detailed a denial must be to qualify as “explicit.”

United States v. Tony Sparkman

842 F.3d 959 · Court of Appeals for the Seventh Circuit · Nov 18, 2016

Sparkman argues that the record below establishes good  cause for not filing a pretrial motion to suppress.  … . … Trial counsel was clearly sur‐ prised by Exhibit 376 and neither the judge nor the prosecutor  argued that this objection should have been raised in a motion  to suppress ….” 

United States v. Ramone Mockabee

763 F.3d 777 · Court of Appeals for the Seventh Circuit · Aug 18, 2014

Nor did Drake’s counsel ob- ject to Clark being qualified as an expert. App. Dkt. 70-2, 100. … Drake’s counsel did not clearly phrase his questions, and when he did not get the answer that he wanted from Clark, counsel simply asked the same question over again.

Midwest Stock Exchange, Inc. v. National Labor Relations Board

635 F.2d 1255 · Court of Appeals for the Seventh Circuit · Nov 10, 1980

It is well established that interrogation of employees is not illegal per se. … It also had been discretionary as to whether a supervisor would demand a doctor’s excuse from an employee to qualify for sick leave in the event of absence for personal illness.

The United States of America v. Farris Walker

246 F.2d 519 · Court of Appeals for the Seventh Circuit · Jun 10, 1957

Obviously we must first decide 3 if this arrest of Walker without a warrant was valid in order to determine the legality of the search clearly incidental to that apprehension. … These decisions have tended, under certain circumstances, to furnish the criminal with a cloak of immunity to the detriment of society as a whole.

Sheldon Drobny and Anita Drobny v. Commissioner of Internal Revenue

113 F.3d 670 · Court of Appeals for the Seventh Circuit · Jun 5, 1997

Simpson (then Chairman of the Tax Court Rules Committee) to discuss the purely administrative issue of how best to proceed with the large number of pending tax shelter cases. 19 Dow’s goal in contacting Judge Simpson was clearly … Kamensky qualified and limited his accusation by stating that Sabin mentioned the possibility of a perjury charge, and while Kamensky claimed to remember this long-ago conversation, he stated with some equivocation: “this

Shirani v. United States Department of Labor

187 F. App'x 631 · Court of Appeals for the Seventh Circuit · Jun 28, 2006

Under procedures established for investigations under the ERA’s whistleblower provisions, Shirani was required to establish that the officials who decided not to hire him as a manager during the internal audit reselection … Gillis’s and Caya’s testimony clearly meets the statutory standard of substantial evidence needed to support the Board’s decision that Shirani’s termination was not based on his protected activity.

Northlake Community Hospital v. United States

654 F.2d 1234 · Court of Appeals for the Seventh Circuit · Sep 29, 1981

revenue. 4 In late November 1979, the hospital administrator received written notice that the Federal Defendants were initiating action to terminate Northlake's Medicare provider agreement because the hospital no longer qualified … And some decision by the Secretary is clearly required by the statute."

Zimmerman, Raymond v. Chicago Bd Trade

360 F.3d 612 · Court of Appeals for the Seventh Circuit · Feb 9, 2004

Rescuing the shorts and punishing the long The plaintiffs attempt to establish that the CBOT’s dom- inant motives were “improper.” … Although superfi- cially suggestive, these notes do not establish the CBOT’s bad faith.

United States v. Ronald Thomas Bohle

445 F.2d 54 · Court of Appeals for the Seventh Circuit · Jun 2, 1971

The doctor did then qualify his answer by stating that such personalities might intellectually make the distinction but they did not have the feeling for it. … At the time of Jernigan’s original testimony, the defense of insanity had not been clearly asserted.

George v. Kraft Foods Global, Inc.

641 F.3d 786 · Court of Appeals for the Seventh Circuit · Apr 11, 2011

In contrast, if defendants establish that prudence did not require them to make a decision, then plaintiffs’ claim for breach of fiduciary duty will fail. 9 If plaintiffs establish that defendants should have made a decision … If defendants believed that Johnson was not qualified to render opinions as to what the Kraft plan should have done because his experience involved only mid-sized plans, then they should have argued that his opinions were

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

742 F.2d 1007 · Court of Appeals for the Seventh Circuit · Aug 8, 1984

This prematurity view leads the majority to ignore the long-established legal doctrines which govern our review of decisions interpreting consent decrees. … For example, all of the facts recited in p 2.2 were being used by the defendants to establish a mootness defense.

Otis Elion v. United States

Court of Appeals for the Seventh Circuit · Sep 24, 2025

Her failure to reach the correct legal conclusion does not alone establish deficient performance. … Those cases establish that only egregious errors amount to deficient per- formance.

Stacy Ernst v. City of Chicago

837 F.3d 788 · Court of Appeals for the Seventh Circuit · Sep 19, 2016

But the law clearly requires that this difference in score must correlate with a difference in job performance. … Second, during the disparate-treatment trial, the plaintiffs sought to admit evidence that Gebhardt had previously en- gaged in conduct that reduced the number of jobs for which women qualified.