Case law

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.

Andrei Davidescu v. Loretta Lynch

641 F. App'x 579 · Court of Appeals for the Seventh Circuit · Mar 29, 2016

The Roma are victims of deprivations, discrimination, and social marginalization, but these conditions—while deplorable—are not “extreme” enough to qualify as a pattern or practice of persecution sanctioned by the Moldovan … Because the IJ’s findings of adverse credibility and insufficient corroboration were not clearly erroneous and the Board properly concluded that Davidescu did not establish the existence of a pattern or practice of persecution

In the Matter of 203 N. Lasalle Street Partnership, an Illinois Limited Partnership, Debtor-Appellee, Appeal Of: Bank of America Illinois

126 F.3d 955 · Court of Appeals for the Seventh Circuit · Nov 25, 1997

Under the new value corollary, established by Case v. Los Angeles Lumber Prods. … The majority, in other words, qualifies the text of § 1129, and thus permits a departure from an otherwise firm rule that a bankruptcy entity's assets should be assigned by absolute priority.

United States v. McGee, Keith

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

McKinzie’s sentence was based on the district court’s determination that he qualified as a career offender, and we discuss below McKinzie’s challenge to that determination. … Because the record does not convince us that the district court clearly erred when it found that King, Keith McGee, and Smith were not substantially less culp- able than the average participants in the conspiracy, we affirm

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.

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.

Platinum Supplemental Insuranc v. Guarantee Trust Life Insuranc

Court of Appeals for the Seventh Circuit · Mar 2, 2021

The parties clearly intended a more malleable standard for determining attorneys fees. … Clearly, though, the painter could not use red paint.

Zykan ex rel. Zykan v. Warsaw Community School Corp.

631 F.2d 1300 · Court of Appeals for the Seventh Circuit · Aug 22, 1980

They also assert that in each case defendants acted in defiance of the “Croft Policy,” which, they say, established the regular procedure for handling censorship decisions. … Secondary school students certainly retain an interest in some freedom of the classroom, if only through the qualified “freedom to hear” that has lately emerged as a constitutional concept.

Virginia Wolf v. Scott Walker

766 F.3d 648 · Court of Appeals for the Seventh Circuit · Sep 4, 2014

The tax is therefore socially efficient, and the benefits clearly 6 Nos. 14-2386 to 14-2388, 14-2526 outweigh the costs. But that’s not the end of the inquiry. … Why the qualifier “biological”? The state recognizes that family is about raising children and not just about producing them.

Adrian Lomax v. Gerald Heeringa and Captain Siedschlag

925 F.2d 1468 · Court of Appeals for the Seventh Circuit · Feb 21, 1991

First, it found that the defendants were protected by qualified immunity. … We relied on precedent in this circuit establishing that prison directives which charge the staff with using their professional judgment, even within specific guidelines, are intended to guide prison officials rather than

Mayoza v. Heinold Commodities

871 F.2d 672 · Court of Appeals for the Seventh Circuit · Mar 29, 1989

vague, ambiguous language. 52 Regardless of the precise relevance of the appellant's physical condition, the appellant's thrust is that his fragile heart condition, as allegedly communicated to his broker, Leo Croley, "clearly … We also hold that the theory was much too speculative to qualify for admission to prove motive, plan or absence of mistake under Rule 404(b). IV.

Haroco, Inc. v. American National Bank and Trust Company of Chicago, Walter E. Heller International Corporation, & Ronald J. Grayheck

747 F.2d 384 · Court of Appeals for the Seventh Circuit · Jan 14, 1985

By contrast, a corporation obviously qualifies as a “person” under RICO and may be subject to RICO liability. … Even the most specific allegations do not establish probable cause unless they are reliable.

Brian Nelson v. Catherine Farrey

874 F.2d 1222 · Court of Appeals for the Seventh Circuit · Jun 21, 1989

Rather, I believe that the prosecution clearly established that T could not provide meaningful testimony about the alleged assault. The testimony of Dr. … First, as the majority notes, the graphic description of the nature of the abuse in childlike language clearly established that sexual abuse had taken place.

Feed Service Corporation v. Kent Feeds, Inc., and Grain Processing Corporation

528 F.2d 756 · Court of Appeals for the Seventh Circuit · Mar 19, 1976

Hence, we take the case as we find it. 27 It appears to be well established that plaintiff was a relatively small newcomer in the feed supplement business. … fermentation solubles. 61 Defendants' brochure claims that Bovino is a 'revolutionary beef feeding breakthrough' in that it features the use of fermented molasses for faster rate of gain, better feed efficiency, improved carcass qualify

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).

Barbara Kaiser v. Johnson & Johnson

947 F.3d 996 · Court of Appeals for the Seventh Circuit · Jan 14, 2020

. §§ 360c–360k, 379–379a, establishes the framework for federal regulation of medical devices. … The Indiana Supreme Court has spoken clearly and unequivocal- ly: the IPLA does not require evidence of a reasonable alter- native design to establish design-defect liability. TRW, 936 N.E.2d at 209.

Vision Church, United Methodist v. Village of Long Grove

468 F.3d 975 · Court of Appeals for the Seventh Circuit · Nov 7, 2006

’s Establishment Clause. … The Establishment Clause states that “Congress shall make no law respecting an establishment of religion.” U.S. Const. amend. I.

Matthew Sur v. Glidden-Durkee

681 F.2d 490 · Court of Appeals for the Seventh Circuit · Jun 21, 1982

rules," but gives no clear indication what the "established rules" might be, or even what they might pertain to. … Certainly there is no indication that one of the "established rules" is that Major Medical insurance cannot be converted.

Loretta Reynolds v. CB Sports Bar, Incorporated

Court of Appeals for the Seventh Circuit · Oct 22, 2010

The Dramshop Act, however, does not give a bar com- plete immunity from being sued for tortious conduct; the Act only preempts actions based on the provision of alcohol. … Therefore, CB Sports clearly had a duty to protect her from foreseeable criminal attacks by third parties while she was inside the bar.

Gary James Eagan v. Jack R. Duckworth, Warden

843 F.2d 1554 · Court of Appeals for the Seventh Circuit · May 24, 1988

Massimo was clearly warned that he could have a lawyer present during questioning. … Prysock , moreover, clearly controls the case before us.