Case law

Frederick Grede v. FCStone LLC

867 F.3d 767 · Court of Appeals for the Seventh Circuit · Aug 14, 2017

We repeated that the transfer was “clearly authorized” and that, regardless whether the transferred property was part of the bankruptcy estate, “in the absence of reversal, the authoriza- tion order ended any discussion about … Commodity Exchange 5 See 17 C.F.R. § 275.206(4)–2(a) (“If you are an investment adviser … it is a fraudulent, deceptive, or manipulative act … for you to have custody of client funds or securities unless: (1) … A qualified

John McCottrell v. Marcus White

Court of Appeals for the Seventh Circuit · Jul 29, 2019

Harris, 550 U.S. 372, 380–81 (2007) (where a reliable videotape clearly captures an event in dispute and blatantly contradicts one party’s version of the event so that no reasonable jury could credit that party’s story, a … But on this record, we cannot rule 12 In the final sentence of their brief on appeal, the defendants also assert that they were “at least entitled to qualified immunity.” Defendants’ Brief at 31.

Ming Li, Guang v. Gonzales, Alberto R.

Court of Appeals for the Seventh Circuit · Feb 23, 2006

The record reveals that the IJ clearly stated the charges against Li and asked him if he wished to proceed with the asylum hearing. … This unsubstantiated opinion does not suffice to establish a reasonable fear of persecution if he is returned to China. See Sofinet v.

United States v. Wesley J. Warwick and Eunice B. Warwick

695 F.2d 1063 · Court of Appeals for the Seventh Circuit · Dec 22, 1982

This is an appeal from a district court decision awarding judgment of $40,368.68 plus interest to the Small Business Administration (SBA) on a promissory note in the amount of $60,000 given to assist in the establishment … Keeping in mind that commercial reasonableness is a question of fact, and that we may overturn the district court’s findings only if they are “clearly erroneous,” United States v.

Boomer, Frank H. v. AT&T Corporation

Court of Appeals for the Seventh Circuit · Oct 3, 2002

The arbitration process established by this section is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 - 16. … You have the right to take any dispute that qualifies to small claims court rather than arbitration.

Smith v. Fairman

862 F.2d 630 · Court of Appeals for the Seventh Circuit · Nov 9, 1988

Smith does not deny that the first prong of this test was met--Boyle clearly was unavailable because of his death prior to trial. … Smith also argues that Boyle's statement does not qualify as a spontaneous declaration because the amount of time that had elapsed between the incident and the officer's arrival was too great.

Husam F. Hamdan v. Alberto Gonzales, 1 United States Attorney General

425 F.3d 1051 · Court of Appeals for the Seventh Circuit · Oct 13, 2005

The IJ found that state department reports established that since the end of 1991, Palestinians living in Kuwait were no longer routinely assaulted by vigilante groups. … All of these additional reasons set forth by the IJ in his decision clearly manifested themselves during the adjustment of status hearing and provided sufficient reason for the IJ, in his discretion, to deny Hamdan’s request

United States v. Schaefer, Ronald T.

Court of Appeals for the Seventh Circuit · Sep 13, 2004

Judge Barker also noted that relevant conduct, to qualify as such, must be within the scope of the scheme to defraud. … Thus, she concluded that, even if Count Two should not be included with the charged conduct, it would still qualify on the same grounds as the uncharged conduct.

Mcmahon v. Pennsylvania Life Insurance Company

891 F.2d 1251 · Court of Appeals for the Seventh Circuit · Dec 12, 1989

The subjective nature of a determination under the "center of gravity" test ... is clearly contrary to that goal. … Third, Guertin was clearly seeking an explanation of the phrase's meaning in a personal injury/tort context.

International Union of Operati v. Village of Lincolnshire

Court of Appeals for the Seventh Circuit · Sep 28, 2018

The National Labor Relations Act and its amendments establish a national system of industrial-labor relations. … In the field of anti- trust, for instance, the Supreme Court has concluded that the Sherman Act does not displace clearly established and ac- tively supervised state regulations of economic activity. See Parker v.

Wright v. Illinois Department of Children & Family Services

798 F.3d 513 · Court of Appeals for the Seventh Circuit · Aug 14, 2015

All employees, regardless of whether they have a qualifying disability under the ADA, 24 are protected under this subsection. … We explained that “Chapin may have had ample reason to believe his termination to be imminent” when his employer had “threatened to fire him and very clearly tied that threat to his EEOC complaint”; however, after the employer

Bryant, Lloyd v. City of Chicago

Court of Appeals for the Seventh Circuit · Jan 14, 2000

He was obviously qualified for this committee assignment. One of the recommendations of the Mayor’s Committee was that outside consultants be retained to develop and to administer promotion examinations. … Because this is a factual finding, we will affirm the decision of the district court unless it is clearly erroneous. Gillespie, 771 F.2d at 1042.

United States v. Durham

645 F.3d 883 · Court of Appeals for the Seventh Circuit · Jun 28, 2011

Because the court did not rely on the arrest reports to identify Collins’s qualifying offenses, it did not run afoul of Shepard. … Swopes maintains that the district court committed a significant procedural error in sentencing by relying on a clearly erroneous fact—that Swopes had prior involvement with guns.

Cromeens, Holloman, Sibert, Inc. v. AB Volvo

349 F.3d 376 · Court of Appeals for the Seventh Circuit · Nov 7, 2003

The contracted-for products are clearly construction equipment and not the farm equipment contemplated by the Texas statute. … As we discussed above, the contracts very clearly give the right to terminate without cause on sixty days’ notice to both parties.

David Welliver, Jr. v. Dennis L. Rice, Sheriff of Montgomery County, Indiana, Candy Woodall, William Woodall, William Nave, Richard Shireman

61 F.3d 907 · Court of Appeals for the Seventh Circuit · Jul 10, 1995

On February 8, 1994, the district court granted summary judgment to appellees Candy Woodall and Shireman on the basis of the statute of limitations and qualified immunity, and granted judgment on the pleadings to Woodall … The client is bound by his attorney's actions. 7108 West Grand Avenue, 15 F.3d at 634 ; Nelson, 962 F.2d at 756 . 17 Welliver has not established good cause.

Brock v. Dow Chemical U.S.A.

801 F.2d 926 · Court of Appeals for the Seventh Circuit · Sep 16, 1986

This observation is inadequate to qualify as an express ruling on Dow’s defective notice argument. 3 Although, the AU states that Dow disagreed with the Secretary’s position, there is no indication the AU is referring to … Without knowledge of which reported incidents formed the basis of the Secretary’s charge or which incidents the Secretary intended to pursue at the hearing, this “notice” was clearly over-inclusive.

United States v. Twomey

452 F.2d 350 · Court of Appeals for the Seventh Circuit · Jan 21, 1972

A district court clearly has the authority under 28 U.S.C. … The respondent points to findings in the district court's 71 page decision which it argues are clearly erroneous. Yet, none of these alleged errors would make the finding of involuntariness clearly erroneous.

Santa's Best Craft, LLC v. St. Paul Fire & Marine Insurance

611 F.3d 339 · Court of Appeals for the Seventh Circuit · Jul 1, 2010

Paul to defend the action given the uncertainty whether the court in the underlying action would have decided the slogan qualified as trade- markable. But, because St. … A competing policy interest is equity—it is inequitable to require an insurer to pay for a settlement that is clearly not within the terms of its policy.

United States v. Murry, Darnell

Court of Appeals for the Seventh Circuit · Jan 3, 2005

This stipulation established that each and every purchase was unauthorized. The summary charts were not the only evidence against Murry. … Murry complains that Schumann was not qualified to lay a foun- dation for these documents as business records. He further contends that Exhibits 212 and 216 were never authenti- cated.

United States v. Ji Chaoqun

107 F.4th 715 · Court of Appeals for the Seventh Circuit · Jul 10, 2024

For example, if a statute includes the use of 8 No. 23-1262 a deadly weapon as an element and explains that “the use of a knife, gun, bat, or similar weapon would all qualify … articulated the law on voluntariness and concluded that Ji had not presented any facts that would create a material dispute as to whether the agent coerced Ji’s statement, we then consider whether the district court made any clearly