Case law

United States v. Hector Uriarte

975 F.3d 596 · Court of Appeals for the Seventh Circuit · Sep 15, 2020

We presume that Congress is aware of the established meaning of legal terms. NLRB v. … Congress did not qualify the terms of the statute because it clearly applied to all defendants awaiting a valid sentence at the time of its enactment.

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.

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. 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.

Ernest L. Westfield v. State of Illinois Department of Labor

959 F.2d 238 · Court of Appeals for the Seventh Circuit · Apr 1, 1992

" urged upon the court below, and Judge Baker believed that view not only was difficult to square with the language used but also was inconsistent with the obligations and protections against arbitrary managerial action established … We cannot say he was clearly erroneous in so determining. 14 We must reverse, of course, because we think the § 1981 damages cannot be sustained.

Bay State Milling Company v. Martin

916 F.2d 1221 · Court of Appeals for the Seventh Circuit · Oct 22, 1990

Under this instruction, liability presumably could be established on the basis of any one of the misrepresentations. … The jury might also consider the other acts or statements for purposes of determining compensatory damages although some of the other acts, even those that were clearly tortious, could not qualify strictly as misrepresentations

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.

Community Bank of Trenton v. Schnuck Markets, Incorporated

887 F.3d 803 · Court of Appeals for the Seventh Circuit · Apr 11, 2018

We predict that both states would reject the plaintiff banks’ search for a remedy beyond those established under the applicable networks of contracts. … But we need not decide here whether the plaintiff banks could ever establish a consumer nexus in an ICFA data breach claim.

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

United States v. Johnson, Wilton

Court of Appeals for the Seventh Circuit · Apr 23, 2001

There is also no question that the interpreter was qualified and adequately translated the proceedings. … After reviewing the record, we find that the district court did not clearly err in denying Salazar and Santa Cruz a mitigating role adjustment. V.

De'Angelo Cross v. United States

Court of Appeals for the Seventh Circuit · Jun 7, 2018

Cross and Davis have established their right to raise this claim by way of the “cause and prejudice” avenue. … Just like the statute in Johnson, the statute here fails to specify which crimes qualify for that label.

Russell v. Wendt

929 F.2d 703 · Court of Appeals for the Seventh Circuit · Apr 4, 1991

The district court granted judgment to the defendants on the grounds that the plaintiff failed to provide a qualified expert witness to establish the standard of care for a physician in a medical malpractice case under Wisconsin … Liver function and treatment is clearly not within the common knowledge of laypersons. Id. (listing removal of wrong limb or leaving sponge in surgical incision as typical negligent acts within common knowledge).

United States v. Abimbola-Amoo

Court of Appeals for the Seventh Circuit · Nov 23, 2004

Gulley, 992 F.2d 108, 111 (7th Cir. 1993) (noting that a statement such as, “The guidelines do not permit a downward departure” would clearly indicate that the district judge thought he lacked authority to depart). … This may, depending on the record, qualify as the kind of “fortuitous No. 03-4233 13 increase in the severity of [her] sentence” to which the D.C.

Useinovic, Tahir v. INS

Court of Appeals for the Seventh Circuit · Dec 27, 2002

The INA gives to the Attorney General the discretion- ary power to grant asylum to an alien who qualifies as a “refugee” under 8 U.S.C. § 1101(a)(42). 8 U.S.C. § 1158(b)(1). … This was an issue that Useinovic clearly could have brought to the attention of the BIA.

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.

Carl Leo Davis v. United States

Court of Appeals for the Seventh Circuit · Jun 7, 2018

Cross and Davis have established their right to raise this claim by way of the “cause and prejudice” avenue. … Just like the statute in Johnson, the statute here fails to specify which crimes qualify for that label.

United States v. Napadow

596 F.3d 398 · Court of Appeals for the Seventh Circuit · Feb 23, 2010

His assertion of speedy trial rights is qualified by the application of the pretrial motion exclusion. 9 B. … of the district court’s actual statements with the circumstances of the pretrial proceedings provide an adequate basis to justify the 69 day exclusion. 11 We do note, however, that the minute entries, by themselves, are clearly

United States v. O'Connor

656 F.3d 630 · Court of Appeals for the Seventh Circuit · Sep 1, 2011

Delays of more than one year are considered presump- tively prejudicial, White, 443 F.3d at 589-90, and this one obviously qualifies. … Unlike in Bailey, the evidence establishes that O’Connor was heavily involved in the fraudulent scheme.

Victor T. Steele v. Clarence E. Trigg

978 F.2d 1261 · Court of Appeals for the Seventh Circuit · Nov 3, 1992

Thompson, 941 F.2d 498, 500 (7th Cir.1991), cert. denied, 112 S.Ct. 1206 . 6 In essence, Steele's laundry list of complaints fails to demonstrate that prison administrators acted with a culpable mental state in establishing … Dowd, 975 F.2d 435 , (8th Cir.1992) (affirming district court's granting of summary judgment on qualified immunity grounds)

74 Fair empl.prac.cas. (Bna) 1138, 71 Empl. Prac. Dec. P 44,940 Alice Jansen v. Packaging Corporation of America, Kimberly B. Ellerth v. Burlington Industries, Inc.

123 F.3d 490 · Court of Appeals for the Seventh Circuit · Aug 12, 1997

The threat was clearly enough to qualify as an adverse job action. … The one action he took that was clearly unrelated to his supervisory position was his alleged vandalism of her car.