Case law

United States v. Richard Geasland

Court of Appeals for the Seventh Circuit · Aug 16, 2017

 immunity from suit under § 1983.  … All of this serves to highlight the magnitude of the burden that Geasland must carry in establishing that his conviction clearly is not one that relates to abusive sexual contact with a minor. 

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.

Barbara Mitchell and Gregory Mitchell v. Collagen Corporation

67 F.3d 1268 · Court of Appeals for the Seventh Circuit · Nov 22, 1995

The application is referred to a panel of qualified experts for study and submission of a report and recommendation respecting approval. 21 U.S.C. § 360e(c)(2); see id. § 360c(b)(2) (describing composition of panels). … Federal requirement established under the act”).

Joseph Brown v. Jeffrey Kemp

Court of Appeals for the Seventh Circuit · Nov 13, 2023

Schirmer, 621 F.3d at 586–87 (rejecting standing to challenge state law under First Amendment where the law clearly did not apply to plaintiffs’ actions and arresting officers were clearly mistaken in arresting plaintiffs). … Qualifying acts in- clude acts similar to those listed in subsection (2)(a)(7): “1. Maintaining a visual or physical proximity to the victim. 2. Approaching or confronting the victim. …. 6m.

United States v. Harris, Marcus L.

Court of Appeals for the Seventh Circuit · Nov 6, 2001

These tapes, according to the prosecution’s theory, were of the utmost importance in establishing Harris’ guilt. … Young’s testimony regarding prior uncharged criminal drug activity qualified for admission under the three Ramirez scenarios.

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

William Fanslow v. Chicago Manufacturing Center, Inc.

384 F.3d 469 · Court of Appeals for the Seventh Circuit · Sep 20, 2004

In this litigation, however, CMC asserted that it was clearly authorized to create and fund a web of for-profit ventures under its cooperative agreements with NIST. … While we have not explicitly held that internal complaints constitute protected conduct, Neal specifically rejected the argument that a plaintiff must raise her concerns directly to the government to qualify for protection

United States v. Christopher Johns

686 F.3d 438 · Court of Appeals for the Seventh Circuit · Jul 17, 2012

As illustrated above, the mortgage document clearly contemplates the exis- tence of an obligation from the Ten Hoves to Fledder- man. … We now clearly hold that financial desperation is enough to make one vulnera- ble to financial crimes.

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.

United States v. Robert R. Krilich

470 F.2d 341 · Court of Appeals for the Seventh Circuit · Dec 27, 1972

The agreement defendant entered into with Berry on March 11, 1963, clearly distinguished between the $259,878.03 which Berry was to deposit for the purchase of the Schiller Park property and other debts owed Berry by defendant … improvements with Krilich Builders, Inc. as the contractor — instead of combining both transactions in a single contract, so that defendant could avoid being treated as a developer for tax purposes and thereby be able to qualify

Adkins v. VIM Recycling, Inc.

644 F.3d 483 · Court of Appeals for the Seventh Circuit · May 3, 2011

As a general proposition, these exceptional circumstances exist “where denying a federal forum would clearly serve an important *497 countervailing interest,” such as “considerations of proper constitutional adjudication, … Texas had established a comprehensive regulatory regime for the oil and gas industries that was administered by the Commission. See id. at 320-25 , 63 S.Ct. 1098 .

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.

Joseph Brown v. Jeffrey Kemp

Court of Appeals for the Seventh Circuit · Nov 14, 2023

Schirmer, 621 F.3d at 586–87 (rejecting standing to challenge state law under First Amendment where the law clearly did not apply to plaintiffs’ actions and arresting officers were clearly mistaken in arresting plaintiffs). … Qualifying acts in- clude acts similar to those listed in subsection (2)(a)(7): “1. Maintaining a visual or physical proximity to the victim. 2. Approaching or confronting the victim. …. 6m.

Richard A. French v. Norman G. Owens, Richard A. French v. Norman G. Owens, United States of America, Amicus Curiae

777 F.2d 1250 · Court of Appeals for the Seventh Circuit · Feb 12, 1986

The court was clearly within its right to enjoin such “outmoded and inhuman” practices. Landman v. Royster, 333 F.Supp. 621, 648 (E.D.Va.1971). … For example, if a psychiatrist is not immediately available, such as during the middle of the night, perhaps another qualified physician might approve the initial restraint.

Staci Harrington v. Nancy Berryhill

Court of Appeals for the Seventh Circuit · Oct 10, 2018

That statute provides the legal framework for chal‐ lenging  agency  actions  the  plaintiff  believes  to  be  unlawful  because  they  were  “contrary  to  constitutional  right,  power,  privilege, or immunity” or “in excess … Nevertheless, Justice Sotomayor and her col‐ leagues  determined  that  regardless  of  the  policy  outcomes,  the text of the law clearly required upholding the offsets. 

Bankr. L. Rep. P 71,428 in the Matter of Andy Frain Services, Inc., International Total Services, Inc., S.A.W. Services, Inc., Andy Frain Florida, Inc. Appeal Of: Thomas G. Wilson

798 F.2d 1113 · Court of Appeals for the Seventh Circuit · Oct 6, 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. Michael Vallone

698 F.3d 416 · Court of Appeals for the Seventh Circuit · Sep 28, 2012

Dowd contends that the court clearly erred in denying him this reduction. See, e.g., United States v. … Smith, supra, 674 F.3d at 728, and the court did not clearly err in choosing to apply the former.

Hoagland, Don v. Sandberg Phoenix

Court of Appeals for the Seventh Circuit · Sep 22, 2004

The word is not qualified. … You don’t buy immunity from suits for your torts by being a member of a business corporation or a member of a professional corporation.

Joseph Brown v. Jeffrey Kemp

Court of Appeals for the Seventh Circuit · Nov 14, 2023

Schirmer, 621 F.3d at 586–87 (rejecting standing to challenge state law under First Amendment where the law clearly did not apply to plaintiffs’ actions and arresting officers were clearly mistaken in arresting plaintiffs). … Qualifying acts in- clude acts similar to those listed in subsection (2)(a)(7): “1. Maintaining a visual or physical proximity to the victim. 2. Approaching or confronting the victim. …. 6m.

United States v. Yildiz

404 F. App'x 71 · Court of Appeals for the Seventh Circuit · Dec 10, 2010

ORDER Ugur Yildiz pleaded guilty to willfully exporting, without a license, firearms qualifying as defense articles. See 22 U.S.C. § 2778 (b)(2). … But Yildiz does not develop an argument that the district court clearly erred in making its factual findings. See United States v. Santiago, 495 F.3d 820, 824 (7th Cir.2007).