Case law

Melissa Thornley v. Clearview AI, Inc.

Court of Appeals for the Seventh Circuit · Jan 14, 2021

In order to use the machines, a patron had to establish an account using her fingerprint. … If the latter qualifies as an invasion of a ‘pri- vate domain, much like an act of trespass would be,’ Bryant, 958 F.3d at 624, then so does the former.” Id. at 1155.

Kathleen K. Kroggel v. Marvin Runyon, Postmaster General, and Robert Reich, Secretary of Labor

993 F.2d 1550 · Court of Appeals for the Seventh Circuit · May 17, 1993

If Kroggel is claiming discrimination under the Rehabilitation Act, her concession that she is not a "qualified, handicapped person," 29 C.F.R. § 1613.702 (f), necessarily precludes the establishment of a prima facie case … On the whole, the release was clearly "supported by some consideration [and the] plaintiff cannot attack the validity of her release based on the retrospective inadequacy of the settlement."

Moore v. Boating Industry Associations

754 F.2d 698 · Court of Appeals for the Seventh Circuit · Feb 11, 1985

Causation of an antitrust injury was clearly established in this case. … Thus, he was certainly qualified to estimate the amount of lost unit sales in the after-market caused by the Association's conduct.

Tarence Banks v. Leslie Patton

Court of Appeals for the Seventh Circuit · Jul 26, 2018

Further, the district judge clearly erred in concluding that Banks did not appeal  the February grievance denials.  … Second, we can assume that Banks claims the denial of access to a qualifying  “program or activity.” 

Stephen N. Roth, M.D. v. Lutheran General Hospital, Jerome Kraut, M.D., Seymour Metrick, M.D.

57 F.3d 1446 · Court of Appeals for the Seventh Circuit · Jun 27, 1995

To establish a prima facie case of retaliation, Dr. … Board of Education, 979 F.2d 560, 563 (7th Cir.1992), we stated that a plaintiff basing her claim on the Rehabilitation Act must establish that (1) she is an individual with disabilities; (2) she is otherwise qualified; (

Tarence Banks v. Leslie Patton

Court of Appeals for the Seventh Circuit · Jul 26, 2018

Further, the district judge clearly erred in concluding that Banks did not appeal  the February grievance denials.  … Second, we can assume that Banks claims the denial of access to a qualifying  “program or activity.” 

In the Matter of Grand Jury Proceedings, Miller Brewing Company. Appeals of Miller Brewing Company Harlan Woyahn, Thomas Hoover, James Doherty and Ernest Anschutz and United States of America

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. Frank Leonard Wortman and Gregory Moore

326 F.2d 717 · Court of Appeals for the Seventh Circuit · Jan 14, 1964

: “Indeed, though Moore was temporarily absent from the conspiracy during these years, he later became a key figure in the gambling casino, and as we have shown, his conduct at that time in furtherance of the conspiracy clearly … The agreement was admitted to establish the conspiracy without proof that defendant Wortman was a party to it.

In re Andy Frain Services, Inc.

798 F.2d 1113 · Court of Appeals for the Seventh Circuit · Aug 21, 1986

The Wilson Case Orders clearly spell out that the assets of AFS and AFF could not be transferred to Wilson absent the express written consent of the secured creditors. … Wilson does not argue that this finding was clearly erroneous or based upon an error of law.

United States v. Daniel Stewart

902 F.3d 664 · Court of Appeals for the Seventh Circuit · Sep 5, 2018

Because Stewart had two qualifying prior felony drug convictions, his sentence on the drug possession count was life imprisonment without parole. See 21 U.S.C. § 841(b). … He also used the Eleete account debit card to make purchases at retail establishments.

Kidd v. Illinois State Police

25 F. App'x 458 · Court of Appeals for the Seventh Circuit · Dec 21, 2001

Yet, as the persistent errors in the earlier versions established, Kidd was either unwilling to follow directions and/or unwilling to ask for help. … At the time of his termination, Kidd was not qualified for employment as a trooper given his difficulties completing written reports and conveying accurate information by radio.

United States v. Algie Hickman

151 F.3d 1034 · Court of Appeals for the Seventh Circuit · Jul 28, 1998

Based on the record, the district court did not clearly err in finding that Hickman did not qualify for a reduction under the "safety valve" provision. … See id. 9 Because Hickman has failed to establish that he qualified for a reduction under the "safety valve" provision and that the district court did not clearly err in its findings, see Ramirez, 94 F.3d at 1099-1100 , we

Chicago & North Western Transportation Company, Cross-Appellant v. Railway Labor Executives' Association, Cross-Appellees

908 F.2d 144 · Court of Appeals for the Seventh Circuit · Aug 21, 1990

An employee laid off by reason of an abandonment could “bump” an employee elsewhere in the C & NW system who had less seniority, provided the senior employee was qualified to perform the junior’s job. … Second, the practice of abandoning unwanted rail lines under standards established by the Interstate Commerce Commission embraced the practice of selling unwanted rail lines under standards established by the same body.

United States v. Terrance Brasher

962 F.3d 254 · Court of Appeals for the Seventh Circuit · Jun 11, 2020

To qualify as a single conspiracy, a hub-and-spoke operation must have a “rim” connecting the spokes, namely, “an agreement to further a single design or purpose[.]” Avila, 557 F.3d at 814 (citing United States v. … He has not established plain error.

United States v. David Wescott

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

This evidence, he says, “clearly was an attempt to play on fears of overseas terrorism.” … Bell, 70 F.3d 495, 497-98 (7th Cir. 1995) (holding that Section 922(g)(1) is immune from constitutional attack under Lopez because it explicitly requires that a nexus to interstate commerce be estab- lished).

Richard A. French v. Jack R. Duckworth, and United States of America, Intervenor-Appellant

178 F.3d 437 · Court of Appeals for the Seventh Circuit · May 6, 1999

Further, the July 11 order explains that the court was converting the TRO into a preliminary injunction “for the principal *441 reason that the Court believes that 18 U.S.C. § 3626 (b)(2) is clearly unconstitutional as found … Article III establishes three safeguards of judicial independence: tenure of office, protection against financial penalties, and the rule (an implication of establishing a “judicial Power”) that final judgments must be carried

United States v. Clark, Terry

215 F.3d 776 · Court of Appeals for the Seventh Circuit · Jun 1, 2000

The judge decided not to establish a priority within this pool. All 63 had an equal chance of serving. … Defendants insist that leaving guns for Drozd to "find" is not sufficiently active to qualify as "use" under sec.924(c)(1). But they don’t reckon with Smith v.

United States v. Connie Walker, Antoinette Lloyd, Ronald Jackson, Also Known as Cuzzo, Mario H. Lloyd, and Charles Lloyd

25 F.3d 540 · Court of Appeals for the Seventh Circuit · Jul 29, 1994

Without sworn testimony or *545 other reliable evidence, Ward’s taped conversation surely does not satisfy the defendant’s burden of establishing the probable falsity of her statements in the warrant, especially in light … In the alternative, it is my finding that based upon the evidence presented in this courtroom, that the amounts are sufficient to qualify for an 848(b) sentencing.

Kaufman, James J. v. Karlen, Thomas E.

Court of Appeals for the Seventh Circuit · Mar 20, 2008

According to the prison, to qualify as legal mail, the mail must be clearly identified as being from one of several specific persons or organizations, such as his attorney or a member of Congress.   … Kaufman’s atheism qualifies as a religion.  See Kaufman v. McCaughtry, 419 F.3d 678, 682 (7th Cir. 2005).  But here the undisputed facts show that JCI refused to give Mr. 

Dorothy A. Cummings v. Louis W. Sullivan, M.D., Secretary of Health and Human Services

950 F.2d 492 · Court of Appeals for the Seventh Circuit · Dec 10, 1991

To meet its burden of proof the government must establish that its position, “the position of the United States,” had a reasonable basis in law and fact. Phil Smidt & Son, Inc. v. … Williams specified that evidence offered to the Appeals Council before its decision was rendered so qualified. Id. at 216 n. 6. See also Milano v.