Case law

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  • United States v. Michael A. Moore

    129 F.3d 1268 · Court of Appeals for the Seventh Circuit · Oct 20, 1997

    conspiracy persuaded her that he did not qualify for it. … Furthermore, nothing suggests that the district court's findings of fact were erroneous, much less clearly so.

    Cited 0 timesUnpublished
  • Gregory Bowes v. Indiana Secretary of State

    Court of Appeals for the Seventh Circuit · Sep 21, 2016

    Under the Statute, only eight Democratic and eight Republi‐ can candidates could qualify for the general election, so plain‐ tiffs’ names were not included on the ballot.  … Smith, 91 F.3d 867, 870  (7th Cir. 1990) (“A decision constitutes an abuse of discretion  when it is not just clearly incorrect but downright unreasona‐ ble.”) (internal quotation marks omitted). 

    Cited 0 timesPublished
  • Buddy Bell v. James Keating

    697 F.3d 445 · Court of Appeals for the Seventh Circuit · Sep 10, 2012

    We conclude that he establishes a chilling injury sufficient to satisfy Article III standing. … We conclude, however, that empowering law enforce- ment to order dispersal when faced with the likelihood of “serious inconvenience” is not immune from arbitrary application.

    Cited 67 timesPublished
  • Planned Parenthood of Indiana v. Jerome Adams

    Court of Appeals for the Seventh Circuit · Aug 27, 2019

    None of the district court’s findings are clearly erroneous. … It is not clearly erroneous. Indeed, the finding parallels the district court’s finding in Casey that the Supreme Court credited.

    Cited 0 timesPublished
  • Todd Heath v. Wisconsin Bell, Inc.

    90 F.4th 1193 · Court of Appeals for the Seventh Circuit · Jan 16, 2024

    The legal structure of the E-Rate program established by Congress and the FCC establishes all three of these elements. … The FCC established the USAC to administer the E-Rate program and to manage the Universal Service Fund under FCC direction.

    Cited 0 timesPublished
  • Jerry Markadonatos v. Village of Woodridge

    739 F.3d 984 · Court of Appeals for the Seventh Circuit · Jan 8, 2014

    No. 12-2619 13 Woodridge’s booking fee clearly passes the rational basis test. … That argument surely qualifies as Orwellian.2 III. More on the Merits A more detailed analysis of the relevant doctrine and case law must begin with a basic principle of due process.

    Cited 4 timesPublished
  • Bisciglia v. Kenosha Unified School District No. 1

    45 F.3d 223 · Court of Appeals for the Seventh Circuit · Jan 19, 1995

    Clearly, by February 1993, summary judgment was properly granted because all of the original claims became moot when the School Board dropped all charges against Bisciglia and extended his contract for another year. D. … It is clear from our holding, however, that a distinctive physiognomy is not essential to *230 qualify for § 1981 protection. 10 Id.

    Cited 3 timesPublished
  • United States v. Vickie Sanders

    Court of Appeals for the Seventh Circuit · Dec 3, 2018

    On September 20, 2017, the government filed an information to establish that Sanders had been previously convicted of a felony drug offense in Cal- ifornia. … Indeed, it “clearly knows … how to en- sure that expunged convictions are disregarded in later judi- cial proceedings.”

    Cited 0 timesPublished
  • Smith v. Illinois Parole Bd.

    70 F.3d 1274 · Court of Appeals for the Seventh Circuit · Nov 15, 1995

    The plaintiff's attempt to circumvent immunity by suing the defendants in their official capacities also fails. … The plaintiff, an experienced litigator, plainly failed to perform any legal research prior to bringing this suit and has argued against clearly established case law.

    Cited 0 timesUnpublished
  • In the Matter Of: Lifschultz Fast Freight, Doing Business as Lifschultz Fast Freight Corporation, Debtor. Appeal Of: Salson Express Company, Incorporated

    132 F.3d 339 · Court of Appeals for the Seventh Circuit · Dec 10, 1997

    The bankruptcy court denied the trustee's request, finding that the trustee failed to establish either undercapitalization or sufficient inequitable conduct. … Some merchant-creditors might qualify, too. For minor transactions like buying a single office chair on 30-days' credit, businesspeople as a rule do not haggle over credit terms.

    Cited 19 timesPublished
  • United States v. Haynes

    582 F.3d 686 · Court of Appeals for the Seventh Circuit · Sep 17, 2009

    Moreover, the evidence clearly established that Terry was aware of coconspirator Flagg. Both Terry and Flagg participated with Jones in the Townsend ripoff. … Statements intended to recruit other conspirators qualify as statements in furtherance of a conspiracy. United States v. Skidmore, 254 F.3d 635, 638 (7th Cir.2001).

    Abrogated on other grounds by United States v. Vizcarra, 668 F.3d 516 (2012)Cited 48 timesPublished
  • United States v. Useni, Fuat

    Court of Appeals for the Seventh Circuit · Feb 21, 2008

    Trombetta testified that Cozzo and Useni lent Bingo Partners the money to operate the games to help Bingo Partners get established. … Those instructions, along with the closing argument of Useni’s counsel, clearly conveyed Useni’s theory of de- fense to the jury. Cf. United States v.

    Cited 0 timesPublished
  • Kariotis v. Navistar International Transportation Corporation

    131 F.3d 672 · Court of Appeals for the Seventh Circuit · Dec 9, 1997

    We need not determine whether McDonnell Douglas should be applied whenever a state statute has an anti-retaliation provision because Kariotis' claim is so clearly preempted by ERISA. … And while COBRA allows an employer to refuse continued health coverage if an employee is terminated for "gross misconduct" (meaning the employee is no longer a "qualified beneficiary" under 29 U.S.C. § 1163 ), what if the

    Cited 0 timesPublished
  • Al Vaughn, Marjorie Vaughn, Algon Corporation and Springfield Drive-Ins, Inc. v. General Foods Corporation and Burger Chef Systems, Inc.

    797 F.2d 1403 · Court of Appeals for the Seventh Circuit · Sep 9, 1986

    The future growth of Burger Chef depends upon finding qualified ambitious men, like yourself, who are sales and management oriented. … General Foods’ and Burger Chef’s statements to the franchisees were clearly intended to bolster morale — to allay any sense that the franchisees were on their own.

    Cited 57 timesPublished
  • Clara S. Brubaker v. Board of Education, School District 149, Cook County, Illinois, a Body Politicand Corporate

    502 F.2d 973 · Court of Appeals for the Seventh Circuit · Dec 17, 1974

    He expanded this compliment by observing: “It seems to me that they establish quite clearly that they had a good deal of sensitivity with the children and knew precisely' what children are interested in.” … By education and experience he was qualified to express his view that the Woodstock brochure and its poetry had no educational value and was inappropriate for distribution to grammar school children.

    Vacated by Brubaker v. Board of Education, 527 F.2d 611 (1975)Cited 39 timesPublished
  • United States v. Vickie Sanders

    Court of Appeals for the Seventh Circuit · Dec 3, 2018

    On September 20, 2017, the government filed an information to establish that Sanders had been previously convicted of a felony drug offense in Cal- ifornia. … Indeed, it “clearly knows … how to en- sure that expunged convictions are disregarded in later judi- cial proceedings.”

    Cited 0 timesPublished
  • Adam Gibson v. Sue Myerscough

    Court of Appeals for the Seventh Circuit · Feb 25, 2020

    When the judge denied their motion, defendants filed a petition for a writ of manda‐ mus in this court seeking an order requiring the judge to dis‐ qualify herself on two grounds. … Sys., 85 F.3d 1353, 1358 (8th Cir. 1996) (in light of “the mandamus standard,” the petitioner must establish “a clear and indisput‐ able right to recusal”); Cordoza v.

    Cited 0 timesPublished
  • Troy R. Gibbons v. J. Higgins, Conduct Adjustment Board Chairman, Officer J. Melly, Scott Roberts, Conduct Adjustment Board Members, 2

    73 F.3d 364 · Court of Appeals for the Seventh Circuit · Dec 20, 1995

    9 13 When the district court ordered respondent to provide Gibbons with the videotape or establish that it was not exculpatory, Lt. … Here, those factors clearly indicate that the force used against Gibbons was not constitutionally excessive. 34 Gibbons does not allege that he suffered any injury. See White v.

    Cited 9 timesPublished
  • Evergreen Square of Cudahy v. Wisconsin Housing & Economic Development Authority

    848 F.3d 822 · Court of Appeals for the Seventh Circuit · Feb 17, 2017

    Section 8 provides that the HAP contracts will establish the maximum monthly rent which property owners are entitled to receive for each dwelling unit. 42 U.S.C. § 1437f(c)(l)(A). … Although HUD clearly relied on Kimbell Foods and Price , two arguably controlling cases, in their reply, the Owners chastise HUD for “[cjiting no authority for its position.” Reply Brief at 3 n.2.

    Cited 22 timesPublished
  • G.G. v. Salesforce.com, Inc.

    Court of Appeals for the Seventh Circuit · Aug 3, 2023

    We then turn in Part C to Salesforce’s attempt to establish a defense under 47 U.S.C. § 230. B. … But Section 230 “does not provide a general immunity against all claims derived from third-party content.” Id. Salesforce was simply not involved in any publishing.

    Cited 0 timesPublished

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