Case law

Boland v. Engle

113 F.3d 706 · Court of Appeals for the Seventh Circuit · May 12, 1997

Boland alleged that Indiana Financial qualified as an investment company because securities exceeded 40 percent of its assets and that Indiana Financial's transactions therefore became subject to the ICA. … Indiana clearly encourages shareholders to make demand before bringing derivative lawsuits.

United States v. Neeley

189 F.3d 670 · Court of Appeals for the Seventh Circuit · Sep 8, 1999

We review the district court’s § 3B1.2 determination under the clearly erroneous standard. See United States v. … In order to qualify for the mortgage, Neeley supplied the mortgage company with a false copy of a 1993 federal income tax return that she represented had been filed with the IRS.

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.

United States v. Alex Beverly, Betty McNulty George Brown and Diane Griffin

913 F.2d 337 · Court of Appeals for the Seventh Circuit · Sep 7, 1990

We disagree; the district court’s ruling clearly was based on the tapes’ lack of relevance. … Suarez was granted immunity for his testimony in this case and ultimately was sentenced to eight years in prison in the separate case. 3 .

United States v. Otha Dennis and James Brown, A/K/A Donald Ray Washington

115 F.3d 524 · Court of Appeals for the Seventh Circuit · Jun 11, 1997

Dornhofer, 859 F.2d 1195, 1198 (4th Cir.1988). 15 Washington and Dennis argue that the government failed to establish that the Express Mail package was on a sure course to Dennis's apartment because the government established … However, the record clearly shows that the postal inspector discovered the Express Mail package in the mail and detained it at some time on August 10, 1995.

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.

United States v. Chube, Charles R.

Court of Appeals for the Seventh Circuit · Aug 15, 2008

Even so, if the court evaluated the evidence with an eye for detecting failures to live up to the civil standard of care, then it clearly erred. … Such statements are too imprecise and indefinite to establish the illegality of all the prescriptions in all of the files.

Khaled Khalil, as Special Administrator of the Estate of Ahmad Kalil v. Town of Cicero

916 F.2d 715 · Court of Appeals for the Seventh Circuit · Oct 15, 1990

Rule 38 establishes an objective standard. Mars Steel Corp. v. Continental Bank N.A., 880 F.2d 928, 938 (7th Cir.1989) (in banc). … Khalil and his attorney were clearly "on inquiry" to determine whether actionable conduct was involved. Mr.

In Re High Fructose Corn Syrup Antitrust Litigation. Appeal of a & W Bottling, Inc.

295 F.3d 651 · Court of Appeals for the Seventh Circuit · Aug 5, 2002

The judge deemed the analysis admissible as evidence, thus certifying it as the responsible though of course not necessarily correct work of a qualified professional. See Daubert v. … It brought more criminal antitrust cases, but the evidence in this case probably is not strong enough to establish the defendants’ guilt beyond a reasonable doubt.

Fedell Caffey v. Kim Butler

802 F.3d 884 · Court of Appeals for the Seventh Circuit · Sep 22, 2015

“Clearly  established  Federal  law”  refers  to  the  holdings  of the Supreme Court that existed at the time of the relevant  state court adjudication on the merits. Greene v. Fisher, 132 S.  … Both exculpatory  and  impeachment evidence  qualify  as  “favorable.”  Id.  at  433. 

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.

20 Fair empl.prac.cas. 551, 20 Empl. Prac. Dec. P 30,216 Dolores Muhich v. William W. Allen, Ivan A. Elliott, Jr., Harold R. Fischer, Michael J. Bakalis, Martin v. Brown, Melvin C. Lockard, Earl Walker, John J. Cody, and Elmer J. Clark

603 F.2d 1247 · Court of Appeals for the Seventh Circuit · Sep 25, 1979

amended complaint on August 25, 1975, alleging that defendants, acting under color of state law, had discriminated against her by reason of her sex and had denied to her the equal protection of the laws, privileges, and immunities … trials, it is plain that Congress thought passage of the Act would help free the district court judge from other duties so that he might perform that very function: 39 It seems to the committee that in 1968 the Congress clearly

Spears v. Atchison, Topeka And Santa Fe Railway Co.

255 F.2d 780 · Court of Appeals for the Seventh Circuit · Jun 25, 1958

The jury's determination of which opinion is right is clearly within its function as the trier of the facts. 16 It is evident that the Kimbrough rule is unrealistic in its application and is based upon a strained theoretical … Leaming, an expert witness called by appellants. 24 'It does not require the citation of authorities to establish the proposition that appellants, having adopted and used this identical hypothetical question in the examination

Malen v. MTD Products, Inc.

628 F.3d 296 · Court of Appeals for the Seventh Circuit · Nov 19, 2010

Neither witness was qualified to say how ABS routinely conducted its testing, and their 18 No. 08-3855 speculation about the regularity or thoroughness of the process would not … The district court reasoned that the defendants “could not have foreseen that any indi- vidual would drive a riding mower off a curb and dis- mount that mower with the cutting blades still engaged, all the while ignoring clearly

The Catholic Bishop of Chicago, a Corporation Sole v. The National Labor Relations Board, and the Illinois Education Association, Intervenor. Diocese of Fort Wayne-South Bend, Inc. v. The National Labor Relations Board

559 F.2d 1112 · Court of Appeals for the Seventh Circuit · Aug 3, 1977

summary judgment was inappropriate because the Board had never fully determined or addressed itself to the constitutional issues raised in the representation case, the Board responded that the constitutional contentions were clearly … The dissenters accepted as true the statement of the reason for the discharge but stated that they were "of opinion that the constitutional immunity of the press does not permit any legislative restriction of the authority

Old Ben Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and James E. Hilliard

292 F.3d 533 · Court of Appeals for the Seventh Circuit · May 31, 2002

Hil-liard’s estate still had established pneumo-coniosis and was entitled to benefits. … The Supreme Court agreed that the change in earning capacity qualified as a change in conditions under the Act.

Alvin Lucas, on Behalf of Himself and All Others Similarly Situated v. Wisconsin Electric Power Company, a Wisconsin Public Utility Company

466 F.2d 638 · Court of Appeals for the Seventh Circuit · Jan 8, 1973

regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … However, the interrogatories answered by the Company clearly set the arrearage at $9.89, which is apparently all the Company is trying to collect.

Westefer, Robert v. Snyder, Donald

Court of Appeals for the Seventh Circuit · Sep 6, 2005

Prisoners who were transferred in, and remain in, disciplinary segregation have not yet qualified for a review hearing, and this administrative remedy is unavailable to them. See Lewis v. … The private liberty interest, then, is clearly not as plenary as that of an individual not under the sentence of a court.

Brown v. Chicago Transit Authority Retirement Plan

197 F. App'x 475 · Court of Appeals for the Seventh Circuit · Aug 24, 2006

Thus, she did not qualify for “early retirement” as of July 22,1996. See Plan at § 10.1. 3. … The Plan clearly did not act based on this type of animus given that it correctly calculated Brown’s benefits. Cf. Donahue v.

Daniel v. Cook County

833 F.3d 728 · Court of Appeals for the Seventh Circuit · Aug 12, 2016

. § 1983 establishes a remedial scheme focused primarily on the responsibilities of individual government employees and agents. … A district court abuses its discretion if it rules based on an erroneous view of the law or a clearly erroneous assessment of the evidence. Costello v.