Case law

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.

Equal Employment Opportunity Commission v. Elrod

674 F.2d 601 · Court of Appeals for the Seventh Circuit · Mar 16, 1982

The test of the propriety of legislation under the necessary and proper clause was established in McCulloch v. … All of the dicta on the Fourteenth Amendment are clearly couched in terms of that focus.

United States v. Lee Stoller Enterprises, Inc., Lee Stoller, John M. Cooper, and John Maeras

652 F.2d 1313 · Court of Appeals for the Seventh Circuit · Jun 30, 1981

Altogether, Cooper and Grzywacz visited eleven establishments. … CUDAHY, Circuit Judge, dissenting: 69 The indictment in the instant case charged one RICO conspiracy encompassing two clearly separate and distinct criminal schemes.

Janis, Gust M. v. United States

162 F. App'x 642 · Court of Appeals for the Seventh Circuit · Jan 20, 2006

“[T]he point of Bivens was to establish an action against the employee to avoid the sovereign immunity that would block an action against the United States.” Sterling v. … A plaintiff must clearly articulate in the complaint the remedy he is seeking, Vicom, Inc. v. Harbridge Merch.

Corrine Wiesmueller v. John Kosobucki

Court of Appeals for the Seventh Circuit · Jul 9, 2009

Indeed, so far as No. 08-2527 5 appears, every class member could establish that his or her law school studies conformed to the requirements set forth in the rule except that … R. 40.02, which sets forth the qualifications for admission to practice in Wis- consin, including those applicable to persons who do not qualify for the diploma privilege. And this is further shown by Rule 40.02(2).

United States v. Robert Dale Steele

989 F.2d 502 · Court of Appeals for the Seventh Circuit · Mar 16, 1993

Unless this conclusion is clearly erroneous, we must affirm the ensuing judgment of conviction. United States v. … Indeed, Steele did not testify at all, despite the use immunity provided by Simmons v. United States, 390 U.S. 377 (1968).

United States v. Blair

565 F. App'x 548 · Court of Appeals for the Seventh Circuit · May 3, 2013

Gary Blair claims that he might have an appeal of a ten year sentence for armed robbery but he cannot make that argument because the judge who imposed it did not clearly rule on two of the claimed grounds for mitigation. … There are no statistics to establish that career offender designation is "usually associated” with career offenders.

Central States Southeast & Southwest Areas Pension Fund v. Messina Products, LLC

706 F.3d 874 · Court of Appeals for the Seventh Circuit · Feb 8, 2013

Instead, to establish withdrawal liability, the Fund needed to prove only that the defendants engaged in a trade or business. See 974 F.2d at 793. … We have written that it is “highly unlikely” that a formal for-profit business organization would not qualify as a trade or business under the Groetzinger test, but our circuit has not adopted a per se rule that formal, for-profit

Schroeder, Tommy R. v. Hamilton School Dist

Court of Appeals for the Seventh Circuit · Mar 11, 2002

Schroeder, like any well-qualified teacher, should be a good role model for his students, not because he is homosexual, but because he is an effective and enthusiastic teacher who wants them to learn. … The defendants’ failure to address, to Schroeder’s satisfaction, his complaints of harassment does not, however, establish an equal protection violation.

Martin v. Consultants & Administrators, Inc.

966 F.2d 1078 · Court of Appeals for the Seventh Circuit · Jun 18, 1992

In a context where Congress has spoken clearly and completely on a limitations period, the application of lach-es may tend to frustrate the scheme it has codified. … By this time, the Department of Justice had established the Miami Organized Crime Strike Force, which was conducting the grand jury investigation in Miami.

Harley-Davidson Motor Company, Incorporated v. Powersports, Incorporated and Powersports of Seminole County, Incorporated

319 F.3d 973 · Court of Appeals for the Seventh Circuit · Feb 21, 2003

Substantively, Harley-Davidson noted the “long-established and well-recognized right to rescind its fraudulently obtained consent,” stating that “Wisconsin law clearly recognizes a claim for rescission based on misrepresentation … The plaintiff clearly was seeking a “tort remedy.” Id. at 265 .

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.

Estate Burton Kanter v. CIR

Court of Appeals for the Seventh Circuit · Jul 24, 2003

BWK’s preferred shares were issued to the BK Children’s Trust, established for the benefit of Kanter’s family. … Comm’r, 114 T.C. 333 (2000), asserted in their original petitions that they qualified for innocent-spouse relief. Id. at 338. In King v.

Neary, William T. v. Ross-Tousey, Marvin

Court of Appeals for the Seventh Circuit · Dec 17, 2008

Statutory limits, it claims, are only jurisdictional when Congress “clearly states” that they are jurisdictional. … It was clearly Congress’s intent to eliminate such discretion when it enacted BAPCPA. See In re Spraggins, 386 B.R. 221, 223-25 (Bankr. E.D.

McFowler, Clifton v. Jaimet, Danny D.

Court of Appeals for the Seventh Circuit · Nov 13, 2003

There is no contention that the Appellate Court’s deci- sion is “contrary to” clearly established law. … of . . . clearly established Federal law.’ ” Williams, 529 U.S. at 407-08, 120 S.

City of West Chicago v. United States Nuclear Regulatory Commission

701 F.2d 632 · Court of Appeals for the Seventh Circuit · Mar 1, 1983

In the order before this Court, NRC clearly stated its reasons for issuing Amendment No. 3. … Storage of thorium on site The City argues that the concentration of thorium at the West Chicago site qualifies it for consideration under proposed Option 5, which states that “long term disposal other than at a licensed

Sdahrie Howard v. Cook County Sheriff's Office

989 F.3d 587 · Court of Appeals for the Seventh Circuit · Mar 4, 2021

But the current class is overbroad, and the plaintiffs have failed to establish commonality. B. … So we focus on employer liability, asking first whether it qualifies as a common question, and if so, whether it predominates.

United States v. Joseph C. Minneman and Clarence G. Punke

143 F.3d 274 · Court of Appeals for the Seventh Circuit · May 26, 1998

Under this circuit’s precedent, a government agency — such as the IRS — qualifies as a victim under the VWPA. See United States v. Martin, 128 F.3d 1188, 1190-93 (7th Cir.1997); United States v. … Clearly, the statute grants the district court the authority to determine when to invoke those procedures and which of the many options to choose.

United States v. Grayson Enterprises, Inc.

950 F.3d 386 · Court of Appeals for the Seventh Circuit · Feb 12, 2020

We may consider the entire record when reviewing for plain error, Vonn, 535 U.S. at 74, and what we see establishes that Gire was empow- ered to plead guilty on Grayson’s behalf. … Because it did not object in the district court, “the indictment ‘is immune from attack un- less it is so obviously defective as not to charge the offense by any reasonable construction.’” United States v.

Illinois Cent. R. v. Indianapolis Union Ry. Co.

6 F.2d 830 · Court of Appeals for the Seventh Circuit · Mar 4, 1925

Without entering into discussion of the very numerous authorities on the proposition, we think this case fairly falls within those which establish that long and uniform operation under a contract by its parties, under no … In any event, in the face of the plain provision of the contract, and without other qualifying conditions appearing, we would not be justified in according to the conduct of the parties respecting this matter the dignity