Case law

Hardee's Of Maumelle, Arkansas, Inc. v. Hardee's Food Systems, Inc.

31 F.3d 573 · Court of Appeals for the Seventh Circuit · Aug 4, 1994

HARDEE'S FOOD SYSTEMS, INC., a North Carolina corporation, qualified and admitted to do business in the State of Indiana, Defendant-Appellee. No. 93-3055. United States Court of Appeals, Seventh Circuit. … We will reverse a district court's findings of reliance only if they are clearly erroneous, Rowe v.

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.

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.

Trinity Memorial Hospital Of Cudahy, Inc. v. Associated Hospital Service, Inc.

570 F.2d 660 · Court of Appeals for the Seventh Circuit · Dec 16, 1977

seq. authorizes a suit against the United States or the Secretary where a provider of services under the Medicare Program seeks a refund of reimbursable costs or a decision by an impartial adjudicative body constituted of qualified … That such a reading is a fair one seems established by the express statement of the Califano v.

Chicago & N. W. Ry. Co. v. Reconstruction Finance Corp.

121 F.2d 791 · Court of Appeals for the Seventh Circuit · Jun 6, 1941

The judge determines the compensation, of the trustee, but again such compensation is subject to maximum limits established by the Commission. … When a trustee is appointed and qualified, he has the title and exercises the power of a trustee.

United States v. Clarence Bonds

121 F.4th 1129 · Court of Appeals for the Seventh Circuit · Nov 21, 2024

The Text of the Criminal Justice Act The Criminal Justice Act establishes the legal framework for effective representation of indigent defendants in federal criminal cases. … In fact, Reddick, Whitebird, Miranda, and Dirring all said clearly that appointment of CJA counsel in those cases was left to the court’s discretion, as I contend.

The Great Escape, Inc. v. Union City Body Company, Inc.

791 F.2d 532 · Court of Appeals for the Seventh Circuit · May 21, 1986

Second, there are strong indications that Prosser, the source of the Helvey language, had in mind illegal intimidation, not potent but lawful influences that might qualify as “intimidation” in a dictionary sense. … The district court clearly holds, in its conclusions of law and memorandum, that the geographic market is Randolph County, and at no time mentions a bifurcated market. 4 .

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.

Weyerhaeuser Co. v. United States Railroad Retirement Board

503 F.3d 596 · Court of Appeals for the Seventh Circuit · Sep 24, 2007

(It is clearly not a question of protecting the employees from retaliation, as Weyerhaeuser knows the identity of the claimants.) … compensation for the intervening respondents and concedes that the Board did not find Weyerhaeuser had committed fraud as that term is commonly used, we need not decide whether a knowing failure to re- port compensation would qualify

Board Of Trade Of The City Of Chicago v. Securities And Exchange Commission

677 F.2d 1137 · Court of Appeals for the Seventh Circuit · May 27, 1982

Although it is a close and difficult issue, I do not intend by this concurring opinion to qualify in any way my adherence to it. … As a result, the plan was modified to qualify it as an options program under the Federal securities laws.

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.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Applicant-Appellee, v. BAY SHIPBUILDING CORPORATION, Respondent-Appellant

668 F.2d 304 · Court of Appeals for the Seventh Circuit · Dec 31, 1981

. §§ 161 (1) and 161(2). 4 The court also decided that the subpoena was sufficiently definite and fell within the EEOC’s statutory authority, thus meeting the requirements established in United States v. … of electrician, pipe-fitter, welder, carpenter, painter, hook *314 ing, etc., state the entry level requirements, such as high school diploma or any specialized training or experience, an applicant must have in order to qualify

McCoy, Thomas v. Maytag Corporation

Court of Appeals for the Seventh Circuit · Jul 30, 2007

McCoy’s brief does not clearly articulate upon which of the three exceptions he relies, although it appears that he is asserting the first exception because he argues that the union did not fairly represent him by declining … have been futile for him to file a grievance because both Maytag and union representative Jones misinterpreted the CBA as requiring him to file a medical update every thirty days, despite the fact that his injury did not qualify

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.

United States of America Ex Rel. Charles Westbrook v. Ross v. Randolph, Warden of the Illinois State Penitentiary, Menard, Illinois

259 F.2d 215 · Court of Appeals for the Seventh Circuit · Aug 18, 1958

From an affidavit 5 in this record it is clearly established that Halligan suffered a physical breakdown in May, 1948 “and has not worked since that date; that his condition has been diagnosed as multiple sclerosis.” … “Section 1 * * * No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due

United States v. Hamzat, Akanni

Court of Appeals for the Seventh Circuit · Jun 26, 2000

This finding (a quintessential question of judgment for the court) was not clearly erroneous. Hamzat did not enter his plea until three days after the original trial date, and one week before the rescheduled date. … Last, Adeniji argues that the drug quantity attributed to her was not established with sufficient specificity to allow for adequate appellate review and accordingly her sentence must be vacated.

Peoria Union Stock Yards Co. Retirement Plan v. Penn Mutual Life Insurance

698 F.2d 320 · Court of Appeals for the Seventh Circuit · Jan 20, 1983

Rule 10b-5 tracks section 17(a) closely, and the right to bring a private damage action for violations of Rule 10b-5 is well established, whatever one may think of this right as an original matter, see Trecker v. … We do not think it necessary to consider whether the plan or its participants have standing to prosecute the common law claims, since the trustees clearly do.

United States v. Loggins, Debra

Court of Appeals for the Seventh Circuit · May 9, 2007

’s penal interest when made, and (3) corroborating circumstances clearly suggest that the statement is trustworthy. … The district court found that the statement by Love’s attorney did not qualify under this hearsay exception because the government did not have the opportunity to cross-examine. We agree.

Louis v. Lee

875 F.2d 584 · Court of Appeals for the Seventh Circuit · May 16, 1989

Sec. 1117 (b) would have been established. More on this point later. 11 The judge also had no justification for berating Vuitton for seeking monetary relief rather than resting content with an injunction. … That clearly is the case here with regard to the untrebled component of the relief sought.

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.